Category Archives: Donald Trump

The Struggle for the Soul of America: Trump Is His Own Worst Enemy

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On Thursday, August 10th, Special Counsel Jack Smith requested a January 2, 2024 trial date in the insurrection case against Donald Trump.[1] Objecting to such an early trial, Trump immediately fired back that Smith was “deranged” and the date was “election interference,” given the Iowa caucuses are just two weeks later on January 15, 2024.[2] 

The prosecutors have indicated that the first batch of discovery material they will share with Trump’s team includes roughly 11.6 million pages.[3] For the defense to just review that much evidence — and there’s more to come — would most likely take longer than five months.

Trump, on the other hand, wants to delay the trial until after the 2024 election. He is betting on winning the election. As president, he would then fire Smith and Attorney General Merrick Garland and have the charges dropped by his newly appointed attorney general.

By calling for such an early trial, Smith is giving U.S. District Judge Tanya Chutkan room to set a compromise date that would still be prior to the general election campaign next fall. The judge indicated that she would set the trial date at the next pretrial hearing on August 28th.

 If the trial is to be before the election — given that the voting public needs to know the verdict before going to the polls — it stands to reason the case should be heard before the Republicans choose their candidate for president next July. The GOP must know whether Trump is a convicted felon before it chooses its nominee.

Then, on Friday, Judge Chutkan held a hearing regarding “protective orders” governing evidence. Smith’s motion for a protective order was in response to Trump’s post on social media: “If you go after me, I’m coming after you.”[4] Trump has made a number of other threatening or intimidating remarks targeting potential witnesses, like former Vice President Mike Pence, as well as Smith, that could also impact the jury pool.[5]

But Trump’s bullying just may backfire. In response to his public browbeating, Judge Chutkan made it clear that she would not tolerate Trump harassing or threatening witnesses. She noted:

Even arguably ambiguous statements from parties or their counsel, if they can be reasonably interpreted to intimidate witnesses or to prejudice potential jurors, can threaten the process…The more a party makes inflammatory statements about this case which could taint the jury pool, the greater the urgency will be that we proceed to trial quickly.[6]

We all know what a hard time Trump has keeping his mouth shut. The judge has warned him and his lawyers that she “will take whatever measures are necessary to safeguard the integrity of these proceedings.”[7] That could even include incarcerating Trump prior to the trial. Just a few days ago in another federal criminal case, U.S. District Judge Lewis Kaplan revoked Sam Bankman-Fried’s bail and ordered him jailed pending trial for attempting “to tamper with witnesses” in his multibillion-dollar fraud case.[8]

While Trump may have valid arguments for a trial date later than next January, Trump’s inability to behave ethically in accordance with the judge’s orders may hasten his trial date and lead to his downfall. In effect, Trump is his own worst enemy.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.courthousenews.com/feds-push-for-january-trial-date-in-jan-6-case-against-donald-trump/

[2] https://www.yahoo.com/news/rattled-trump-melts-down-truth-135728272.html

[3] https://www.cbsnews.com/news/trump-protective-order-january-6-case-judge-hearing/

[4] https://www.politico.com/news/2023/08/04/feds-alert-judge-to-trumps-if-you-go-after-me-im-coming-after-you-post-00109944

[5] https://www.newsweek.com/donald-trump-mike-pence-attacks-jan6-trial-1818217

[6] https://www.politico.com/news/2023/08/11/judge-warns-trump-speed-trial-00110870

[7] Ibid.

[8] https://www.politico.com/news/2023/08/11/sam-bankman-fried-sent-to-jail-while-he-awaits-trial-00110933

The Struggle for the Soul of America: The Beginning of the End for Donald Trump

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Many thought this day would never come. My gut told me that American democracy would not survive if it let Donald Trump off the hook. Then, on August 1, 2023, more than two and a half years after the January 6th attack on our nation’s Capitol, Trump was indicted for conspiring to overturn the 2020 presidential election. The former president is finally being held accountable for his treasonous conduct.

            While there is no guarantee that justice will prevail, there is now a clear and convincing path to Trump’s being found guilty as charged. For those who still remain skeptical, consider these factors:

            The Judge Assigned to the Case.  U.S. District Judge Tanya Chutkan, nominated to the bench by President Barack Obama and confirmed by a 95-0 bipartisan Senate vote, will oversee the case. She has stood out as one of the toughest punishers of rioters who stormed the U.S. Capitol on January 6th, even handing down harsher sentences than Justice Department prosecutors recommended. At one sentencing hearing, Judge Chutkan explained, “It is not patriotism, it is not standing up for America to stand up for one man – who knows full well that he lost – instead of the Constitution he was trying to subvert.”1

In November 2021, Judge Chutkan ruled against Trump in a prior hearing when she refused his request to block the release of documents to the U.S. House’s Jan. 6 committee by asserting executive privilege.2

            The Trial Venue. The January 6th conspiracy case will be tried in Washington, D.C., a pretty progressive city with a multicultural population. Unlike the Mar-a-Lago documents case in Florida, the jury pool will not be drawn from a Republican-friendly area more inclined to look favorably upon the former president.

Trump has already questioned whether an impartial jury can be seated in D.C. But Judge Chutkan previously ruled in the case of one January 6th defendant that the assumption the jury pool would be politically biased against them was “not an appropriate basis for changing venue.” She found that “Jurors’ political leanings are not, by themselves, evidence that those jurors cannot fairly and impartially consider the evidence presented and apply the law as instructed by the court.”3 Judge Chutkan will not permit the trial to be moved to another venue.

            The Timing of the Trial. It is critical that the case be tried before the November 2024 presidential election. The American people must know the outcome of this trial before they go to the polls, assuming Trump is the GOP nominee, which now seems likely. But Trump and his attorneys will do everything they can to delay the trial until after the election. They will argue that they need more time for discovery and pre-trial motions in such an important case.

Additionally, Trump will contend that the government had over two years to prepare its case, and, in all fairness, he should have just as much time to get ready for the trial. In fact, Jack Smith, the special prosecutor handling the case, was not appointed until November 18, 2022, less than nine months ago. Prior to that, the Department of Justice was focusing on prosecuting people who participated in the January 6th attack on the Capitol. Preparing the case against Trump was not the DOJ’s focus until Smith came on board. Thus, Smith can argue that giving Trump, who has known for several months that an indictment was coming, another nine months to get ready for trial would be equivalent to what the prosecutor has had to put his case together.

            The 1974-75 Watergate case involved high-level officials in the Nixon administration who were charged and convicted of conspiracy and obstruction of justice. It was a complex political trial comparable to the January 6th insurrection case. President Nixon was named as an unindicted co-conspirator in that case.4 The seven defendants were indicted on March 1, 1974, and tried and convicted in January 1975, less than a year later.5 Given the Watergate precedent, Trump’s trial could be completed by next summer.

            Trump already has two other trials scheduled for next year. In one of them, Manhattan District Attorney Alvin Bragg has signaled that he is ready to set aside former President Trump’s March 2024 trial date in New York to make way for a possible trial related to Special Counsel Jack Smith’s January 6th insurrection trial.6 That would make a Spring 2024 trial date for the insurrection case feasible. It would also provide Trump’s attorneys with approximately nine months to prepare for trial.

            The Prosecutor. Special Counsel Smith has a reputation for winning tough cases against war criminals, mobsters, and crooked cops.7 As a former prosecutor for the NM Public Education Department, I know that prosecutors do not bring charges against someone unless they are confident that they have the evidence to prove their case. I’m sure Smith has that confidence as well.

Smith called for a speedy trial in this case.8 One very significant indicator of Smith’s desire to bring this case to trial as soon as possible is that despite noting six other co-conspirators, none of them were indicted. Indicting others would have required more discovery and pre-trial motions which would have been more reason to extend the trial date. Smith is well aware of the importance of trying and winning this case before next year’s election.

The Key Witnesses. Almost all of the key witnesses in this case are credible Republicans, most of whom were appointed by or closely associated with Trump. Bill Barr, Trump’s former attorney general, confirmed that Trump “knew well he lost the election.”9

Former Vice President Pence stated that Trump pushed him to reject the Electoral vote count on January 6th in violation of his Constitutional role and send the election to the House of Representatives.10 There are many more GOP witnesses of high standing ready to testify how Trump plotted to overthrow the government. The picture they will paint is of a power-hungry tyrant itching to turn American democracy into an autocracy under his total control.11 The DOJ and the American people cannot allow this to happen.

The time has come. For Donald Trump, it’s the beginning of the end.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

  1. https://www.bbc.com/news/world-us-canada-66383603
  1. https://www.youtube.com/watch?v=wevombMsZFY
  1. https://www.nytimes.com/2023/07/17/us/politics/trump-plans-2025.html

The Struggle for the Soul of America: My Blog Is Back As the 2024 Elections Loom on the Horizon

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Some of you have been wondering why you’ve not been getting my blog. Back in January I decided to take a break from it so I could concentrate on the memoir I’ve been writing.  But life got in the way and I have not made the progress on my memoir that I had hoped for. While I will continue working on my book, I feel that my blog can no longer be on hold. There’s just too much going on that calls for our closer examination. So, here goes…
 
While we have almost 16 months until the 2024 election, it may very well be a critical turning point in the history of our country. A victory by Trump and his Republican allies would be a major step toward our nation becoming an autocracy. The New York Times recently reported that the former president plans “a sweeping expansion of presidential power over the machinery of government if voters return him to the White House in 2025, reshaping the structure of the executive branch to concentrate far greater authority directly in his hands.” (See https://www.nytimes.com/2023/07/17/us/politics/trump-plans-2025.html.)

With a dozen or more candidates lining up to challenge Trump for the Republican presidential nomination, 2024 could be a replay of 2016. Trump’s hardcore support of 30 to 40 percent of Republican primary voters could carry the day as all the other contenders carve up the remaining 60 to 70 percent of the vote. The Republicans would have to coalesce around one anti-Trump candidate to have any real chance of knocking Trump from his pedestal. 

On the Democratic side, President Biden appears to be a shoo-in for the nomination. At the moment, Robert Kennedy, Jr. is making some significant inroads into Biden’s support, though it’s hard to imagine his snatching the nomination away from Biden. In a Biden-Trump rematch, the president would appear to be the favorite given that the state of the economy, declining inflation, abortion rights, and escalating gun violence are all major issues favoring the Democrats, not to mention all Trump’s legal baggage.

The real electoral mystery is the possibility of a third-party candidacy affecting the election outcome. In a recent poll, nearly half of the respondents indicated they were open to supporting a third-party candidate. (See https://thehill.com/homenews/campaign/4035698-nearly-half-of-voters-would-consider-backing-third-party-candidate-in-2024-poll/.) I believe that would take more votes away from Biden than from Trump, giving the former president a real possibility of winning and turning our country into a dangerous autocracy. 

Sen. Joe Manchin (D-W.Va.) is making gestures suggesting a possible No Labels third-party candidacy to the right of Biden as Cornel West joins the Green Party to run to the president’s left. (See https://thehill.com/homenews/campaign/4098630-the-memo-democrat-suspicions-grow-about-rfk-jr-cornel-west-no-labels/.) One or both of these campaigns could doom Biden’s chances of re-election and put Trump or another right-wing Republican in the White House. 

It’s way too early to even guess how this will all turn out. But it’s not too soon to get involved and learn what you can do to help avoid a democratic disaster in next year’s elections. Now’s the time to determine how you can best get in the fight to save our democracy.   

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.


 

The Struggle for the Soul of America: The Downfall of Donald J. Trump

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As we begin 2023, the future holds many uncertainties for Donald J. Trump. While no one knows his fate for certain, here’s how I see what’s coming for the former president and America’s number one grifter.

Donald Trump will be indicted before this coming summer. In my view, Special Counsel Jack Smith was hired by Attorney General Merrick Garland to prosecute the case against Trump, not to close it. Garland believed that putting Smith, someone outside the Justice Department, in charge of the case would make the prosecution less political. Whether that turns out to be the case remains to be seen and, in fact, may be irrelevant at this point.

Just this past week, Smith hired two seasoned attorneys who “have prosecuted some of the most high-profile public corruption targets of both political parties in recent years.”[1] Those targets included former Virginia Republican Gov. Bob McDonnell, current New Jersey Democratic Sen. Bob Menendez and former presidential candidate Democratic Sen. John Edwards.

If Smith thought that the DOJ didn’t have the evidence to indict Trump, he wouldn’t now be hiring prosecutors experienced in handling complex public corruption cases. As a former New Mexico Department of Education prosecuting attorney, I know that prosecutors do not bring charges unless they are convinced that they have the evidence needed to convict. That would be especially true in the case of a former president.

Last November two reports by veteran prosecutors and top legal experts analyzed two criminal investigations into Trump. One involved Trump’s solicitation to commit election fraud including a call to Georgia’s Secretary of State Brad Raffensperger asking him to “find” 11,780 votes. In total, that report finds at least 11 charges that could be filed against Trump resulting from his efforts in Georgia. The other report explored the mishandling of sensitive government documents at Mar-a-Lago. Both reports concluded that “there is enough evidence to bring charges against the former president.”[2]

As a result, I believe Trump will be tried and convicted by the end of this year. His trial cannot be allowed to cloud the 2024 presidential primary season.

It’s difficult to predict the sentence Trump will receive for his crimes. A friend of mine recently suggested Trump would be placed under house arrest but would not have to serve any jail time. That would be letting Trump off way too easy for attempting to overthrow our government. I don’t believe a federal judge would be so lenient for such appalling crimes, especially by a former president. At the least, Trump will receive a multi-year suspended sentence, which would put him on strict probation, though I feel he should spend the rest of his life behind bars.

Whatever the sentence, Trump is sure to appeal. Ultimately, his fate will lie in the hands of the Supreme Court, ironically including the three justices he appointed to the Court. I’m thinking that at least five justices will have the decency and integrity to uphold his conviction and sentence.

Finally, there’s Trump’s 2024 presidential campaign. Assuming he is convicted, Trump’s sentence must include invoking the 14th Amendment provision preventing any person from ever again holding public office who having previously “taken an oath…as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”[3]

On the other hand, if Trump somehow avoids prosecution or is found not guilty, he still will not be elected president in 2024. The results of the 2020 and 2022 elections clearly demonstrated that Trump and his handpicked candidates are losers. The Republican Party hates losers. Trump’s base is shrinking[4] and will continue to do so as more and more evidence of his misdeeds are revealed to the public during his likely unprecedented nationally televised trial.

In any event, Trump’s days are numbered.

Bruce Berlin, J.D.

P.S. I want to take this opportunity to again thank my partner, Margaret Lubalin, for another year of suburb editing of my blog. She’s the best.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.bloomberg.com/news/articles/2023-01-06/special-counsel-jack-smith-hires-anti-corruption-prosecutors-in-trump-probe

[2] https://thehill.com/regulation/national-security/3742386-for-experts-the-evidence-in-two-probes-compels-charging-trump/

[3] https://www.businessinsider.com/how-the-14th-amendment-could-prevent-trump-from-office-2021-2

[4] https://www.usatoday.com/story/news/politics/2022/12/13/trump-support-gop-2024-presidential-race-poll/10882346002/

The Struggle for the Soul of America: The Historic 2022 Midterm Elections

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The predicted Red Wave of 2022 never reached the shore. While all the votes have not yet been counted four days after the election, it looks like the Republicans will eke out a slim majority in the House. Unbelievably, though, with about 30 races still undetermined, there is still a possibility that the Democrats could actually hold onto their House majority.[1] 

On the Senate side, the odds of the Democrats maintaining control are much more in their favor. With two races still undecided, the blue team needs to win just one of them. The Nevada senate contest is tightening, and which party will prevail is anyone’s guess.[2] If Sen. Catherine Cortez Masto (D-Nev.) pulls out a victory there, then the Democrats will have held onto their tiny majority. If she does not, then all eyes will be on the Georgia senate runoff on December 6th.  And I cannot believe that Georgia voters would elect the incompetent Republican Herschel Walker over the much worthier Democratic Sen. Raphael Warnock.[3]

Overall, however, the real winner in this year’s midterm election was the democratic process. Voters turned out in near record numbers because they understood that our democracy as well as a woman’s right to choose was on the ballot. It was the second highest turnout for a midterm since 1970.[4] A recent poll found that the future of democracy was very important to 80% of Democrats and 70% of Republicans in their voting decisions.[5]

At the same time, the “loser-in-chief” in this election was Donald Trump. Many Republicans are blaming him for the party’s poor results.[6] Even the conservative Wall Street Journal denounced Trump, calling him the Republican Party’s “biggest loser.”[7] In a number of high-profile races, the candidates he endorsed lost, most notably in Arizona, Maryland, New Hampshire, Pennsylvania, Virginia and quite possibly in Georgia and Nevada as well.[8]

But Trump’s losses Tuesday night will have even bigger consequences as he prepares to run for president in 2024. Already at least one Republican megadonor stated he won’t support Trump’s pending run for the presidential nomination.[9] Some Republican officeholders are also suggesting Trump shouldn’t be their presidential nominee.[10]

The right-leaning New York Post said it best on the cover of its Thursday edition:

“Don (who couldn’t build a wall) had a great fall — can all the GOP’s men put the party back together again?” The large cover text read: “Trumpty Dumpty.”[11]

See: https://nypost.com/cover/november-10-2022/

Yet, Trump’s biggest loss is still to come. As I predicted in my October 15th blog, “Donald J. Trump will be indicted before the spring of next year.”[12] When that happens, he will be fighting for his freedom more than for the 2024 Republican nomination. Many Republicans will see him as unelectable. His dream of returning triumphantly to the White House will be shattered. And, finally, America will be rid of this despicable egomaniac.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.vox.com/policy-and-politics/2022/11/10/23451445/house-election-results-democrats-majority

[2] https://thehill.com/homenews/3730786-cortez-masto-draws-closer-to-laxalt-in-nevada-senate-race/

[3] https://fivethirtyeight.com/features/runoffs-are-sort-of-georgias-thing-now/

[4] https://www.washingtonpost.com/politics/interactive/2022/voter-turnout-2022-by-state/

[5] https://www.pewresearch.org/fact-tank/2022/11/03/key-facts-about-u-s-voter-priorities-ahead-of-the-2022-midterm-elections/

[6] https://www.usatoday.com/story/news/politics/elections/2022/11/11/election-results-live-updates/10662035002/

[7] https://www.wsj.com/articles/donald-trump-is-the-gops-biggest-loser-midterm-elections-senate-house-congress-republicans-11668034869

[8] https://www.politico.com/news/2022/11/09/trump-endorsed-candidates-2022-election-results

[9] https://news.yahoo.com/billionaire-gop-donor-ken-griffin-073015070.html

[10] https://www.nytimes.com/2022/11/09/us/politics/trump-republicans-midterms.html

[11] https://nypost.com/cover/november-10-2022/

[12] https://breakingbigmoneysgrip.com/my-blog/

The Struggle for the Soul of America: Democrats Must Strengthen Their Closing Argument to Win the November Elections

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We are in the home stretch of the November 8 mid-term elections. While Republican campaigns are keying in on inflation, the economy and rising crime rates, the Democrats are mainly focused on the threat to abortion rights. Though those rights are very important, there are other critical issues that the Democrats need to highlight in their closing argument to win this year’s elections.

In fact, the Democrats have a clear and compelling economic message for working Americans: We are on your side and much better for your pocketbook than the Republicans.

  • In less than two years of the Biden administration, the unemployment rate has fallen to just 3.5%, matching the level before the COVID pandemic.[1]
  • Since Biden became president, over 10 million jobs have been created, “…the most new jobs during the first 20 months of any U.S. presidential administration, ever.”[2]

Sen. Bernie Sanders is right, the Democrats must take the fight over the economy to the Republicans in these final weeks of the campaign. Sanders argues:  

  • We have more income and wealth inequality than at any time in the modern history of this country. Is there one Republican prepared to raise taxes on billionaires, or do they want to make a bad situation worse by extending Trump’s tax breaks for the rich and repealing the estate tax?
  • Today, 60% of Americans are living paycheck to paycheck, and millions work for starvation wages. Is there one Republican in Congress who is prepared to raise the federal minimum wage to at least $15 an hour?
  • Corporations are charging Americans outrageously high prices, while enjoying record breaking profits. Republicans talk a lot about inflation. But what are they going to do about it? Does one of them have the courage to consider a windfall, profits tax? Absolutely not.[3]

To make matters even worse, House Minority Leader Kevin McCarthy (R-Calif.) is calling for cutting Social Security and Medicare benefits if the Republicans win control of Congress in next month’s election.[4] This should frighten all seniors and motivate them to get to the polls and vote Blue. Democrats need to make sure that all senior citizens are fully aware that their critical entitlements are endangered if the GOP wins the election.

At the same time, Republicans are indicating they want to make the 2017 Trump tax cuts permanent if they retake Congress. You may remember that these cuts “resulted in a massive windfall for large corporations and the wealthy.”[5] Once again, Republicans aim to make the rich richer at the expense of seniors on fixed incomes and middle- and working- class Americans.

Actually, it’s the Democrats that are the party of fiscal responsibility, not the Republicans. In the just completed 2022 fiscal year, the Biden administration oversaw the largest one-year decline in the federal deficit in American history.[6]

Meanwhile, the national debt rose “by almost $7.8 trillion during Trump’s time in office. That’s nearly twice as much as what Americans owe on student loans, car loans, credit cards and every other type of debt other than mortgages, combined…”[7]

Democrats must underscore that GOP tax cuts, including a sharp reduction in the corporate tax rate to 21% from 35%,[8] boost inflation just like the increased spending Republicans oppose.[9] While Republicans blame Democrats for inflation despite the fact it’s a global phenomenon and not the result of Biden’s policies,[10] they are fine with increasing inflation when it benefits their wealthy contributors.

Then there’s the issue of rising crime. Republicans have a much worse record on deadly crime than Democrats. A March 2022 report found:

  • In 2020, per capita murder rates were 40% higher in states won by Donald Trump than those won by Joe Biden.
  •  8 of the 10 states with the highest murder rates in 2020 voted for the Republican presidential nominee in every election this century.[11]

And, finally, voting rights.  A report by the Brookings Institute found that laws restricting the right to vote have largely passed in Republican states and laws expanding voting rights passed in Democratic states.[12] Again, the Democrats are on the side of the American voter and need to proclaim that they are the party that will protect voting rights and save our democracy.

Unfortunately, Republicans are much better at messaging than Democrats as they twist the truth. It’s up to all of us to help clarify what they are really about and who is truly on the side of the American people in these last weeks before election day. It’s not too late, but we must act now!

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.npr.org/2022/08/05/1116036160/the-unemployment-rate-fell-to-3-5-matching-its-lowest-level-in-the-last-50-years

[2] https://finance.yahoo.com/news/for-biden-10-million-new-jobs-isnt-good-enough-182825191.html

[3] https://www.theguardian.com/us-news/commentisfree/2022/oct/10/democrats-midterms-victory-economy-bernie-sanders

[4] https://www.washingtonpost.com/politics/2022/10/18/mccarthy-gop-medicare-social-security/

[5] https://www.commondreams.org/news/2022/10/17/if-they-retake-congress-gop-plan-make-trump-tax-cuts-rich-permanent

[6] https://www.yahoo.com/news/biden-touts-federal-deficit-largest-170103774.html

[7] https://www.propublica.org/article/national-debt-trump

[8] https://www.propublica.org/article/national-debt-trump

[9] https://www.commondreams.org/news/2022/10/17/if-they-retake-congress-gop-plan-make-trump-tax-cuts-rich-permanent

[10] https://www.epi.org/blog/rising-inflation-is-a-global-problem-u-s-policy-choices-are-not-to-blame/

[11] https://www.thirdway.org/report/the-red-state-murder-problem

[12] https://www.brookings.edu/blog/fixgov/2021/10/26/voter-suppression-or-voter-expansion-whats-happening-and-does-it-matter/

The Struggle for the Soul of America: Trump Indictment Coming Soon Because No One Is Above the Law

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Donald J. Trump will be indicted before the spring of next year. Many of us, of course, believe he should already have been indicted and put on trial. But Attorney General Merrick Garland is a very deliberate man. He was not about to push for indicting Trump before the midterms and consequently be accused of playing politics with the indictment, not that he won’t get that pushback whenever an indictment does come.

Garland has made it very clear that he stands by the basic American principle that “no one is above the law.”[1] In the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol’s final public hearing this past Thursday, the Committee laid out a compelling case that Trump broke several federal laws.[2] Those include conspiracy to defraud the government, obstruction of justice and inciting a rebellion.[3] Now it is up to Garland and the Justice Department to act.

While a federal grand jury has been investigating allegations against Trump for many months, just recently the Department “issued over 30 more subpoenas to people within Trump’s orbit to appear before the federal grand jury.”[4] Then, on Thursday, the same day as the House Select Committee summed up its case against Trump, Chief U.S. District Judge Beryl A. Howell denied Trump’s claim of executive privilege, requiring that former Vice President Pence‘s chief of staff Marc Short testify before the grand jury.[5]

Judge Howell ruled that Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources.[6] Howell’s decision opens the door for the testimony of the recipients of those 30 subpoenas, many of whom, if not all, would be claiming executive privilege if not for Howell’s ruling. Their testimony will likely give the DOJ a good deal more evidence to bolster its already strong case against Trump.

Still, the DOJ has to wrap up its inquiry and bring whatever formal charges it can against Trump sooner rather than later. The Department must realize that it’s window of opportunity is time limited. Once the 2024 presidential election cycle begins in earnest later next year, Trump will use every trick he can to make a political circus out of the Department’s prosecution, not that he won’t do that whenever he is indicted. In which case, the prosecution could drag on and public opinion could turn against the Department. Thus, the DOJ must move quickly in the new year to bring charges against Trump and proceed to trial as early as possible next summer.

Garland has no other choice since no one is above the law.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.c-span.org/video/?c5024451/ag-garland-charging-president-law

[2] https://www.npr.org/2022/10/13/1125333531/jan-6-hearing-recap-takeaways-trump-subpoena

[3] https://www.businessinsider.com/jan-6-panel-trump-broke-laws-riot-2020-election-lost-2022-6

[4] https://time.com/6212677/donald-trump-investigations-explained/

[5] https://www.washingtonpost.com/dc-md-va/2022/10/14/marc-short-grand-jury-testify-pence-trump/

[6] Ibid.

The Struggle for the Soul of America: The Myth of a United States

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From the founding of the United States till today, our country has portrayed itself as united. In the Declaration of Independence, our forefathers asserted that we are “one people.”[1]

The preamble to the Constitution begins: “We, the People of the United States, in order to form a more perfect union…”[2] And, when we pledge allegiance to the flag, we say: “”I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”[3]

But, from the birth of our nation over 240 years ago until today, the truth is our country has rarely been united. From the very beginning, we had slave states and free states forbidding slavery. Back then as is still true now, we had the property-owning class, or capitalists, overseeing the working class.

After slavery was abolished during the Civil War, we still had the segregationist South, in conflict with the North, which generally favored integration. And, of course, we now have the blue states strongly disagreeing with the red states over abortion rights, immigration, voting rights and other major issues.

I believe World War II was the last time our country was truly united. What brought us together was a common enemy, the Axis powers (Germany, Italy and Japan), which threatened the freedom of all Americans. Yes, 9/11 brought us together as well, but it didn’t take long before we were once again at odds over the Iraq War.[4]

Since the Vietnam War in the 1960s, our nation has become more and more divided. Today we are almost as deeply split as we were during the Civil War. In fact, some are predicting that the United States is on the verge of a second Civil War. 

What separates us now strikes at the very foundation of our nation. While many Americans are fighting to maintain the democratic principles upon which the country was established, others wish to turn the United States into an autocracy, ruled by Donald Trump and his white supremacist, MAGA followers.

And they appear to be willing to do whatever it takes to make that happen. Be it storming the Capitol, suppressing the vote, rigging the elections, stacking the Supreme Court, or whatever else they can fabricate.

We are the only ones who stand in their way. It is up to all of us who still believe in democracy to make sure they fail. Despite what you may think of President Biden and the Democrats, they are our only hope of preserving some semblance of democracy in America.

In fact, in recent weeks the Democrats have demonstrated that they just might be up to this awesome responsibility. They passed the Inflation Reduction Act making the system somewhat fairer for we, the people, including lowering a number of prescription drug prices and imposing a 15 percent minimum tax on large corporations, while every Senate Republican opposed the bill.[5] In addition, they enacted the most notable gun safety legislation in decades[6] and a bill to assist ailing veterans.[7] And, in just the last few days, Biden stepped in to support rail workers and avert a strike that would have further increased inflation and devastated our economy.[8]

Despite right-wing opposition, the Democrats are employing the mechanisms of government to help Americans and move our country forward. With less than eight weeks left until the elections, we must do whatever we can to assure that the Democrats prevail in November.

We must go the extra mile, make many phone calls, write postcards (Go to https://www.turnoutpac.org/postcards/), knock on doors, send donations. The future of democracy depends on what we all do to get out the vote and make sure that our nation does not succumb to the election deniers and far right conspiracy extremists. If ever your country needed you to stand up and get involved, it is now!

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.ushistory.org/documents/declaration.htm

[2] https://billofrightsinstitute.org/primary-sources/constitution?gclid=Cj0KCQjwvZCZBhCiARIsAPXbajtkXDb1iDTs6XOZWdFvpQarisNuvZktlvFd9MJuAYVnXr5kc50qtlcaAvEoEALw_wcB

[3] https://www.ushistory.org/documents/pledge.htm

[4] https://www.brookings.edu/articles/rally-round-the-flag-opinion-in-the-united-states-before-and-after-the-iraq-war/

[5] https://www.politico.com/news/2022/08/07/democrats-senate-reconciliation-votearama-00050222

[6] https://www.cnn.com/2022/06/23/politics/senate-bipartisan-gun-bill/index.html

[7] https://www.npr.org/2022/08/02/1115325176/pact-act-veterans-burn-pits-toxins-passes-senate

[8] https://www.nbcnews.com/news/us-news/biden-announces-tentative-deal-avert-us-rail-strike-rcna47850

The Struggle for the Soul of America: Trump Grapples for a Lifeboat as He Sinks Deeper into Troubled Waters

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In the last month almost all the headlines have focused on former President Trump’s mishandling and concealing classified documents belonging to the government. Until very recently, it seemed like an open and shut case. Trump knowingly took the documents that belonged to the government. When he was asked to return them, he claimed he had. But a court-ordered search of Mar-a-Lago revealed that he still had many such documents in his possession in violation of federal law.

To no one’s surprise, Trump devised a scheme to delay the DOJ’s prosecution of this case. He got one of his hand-picked judges, U.S. District Judge Aileen M. Cannon, to order that a special master examinethe seized documents, telling prosecutors they cannot use the material until it is reviewed.[1] While legal experts believe the judge had no legal support for her ruling[2] and the Justice Department immediately appealed Cannon’s decision,[3] it is an open question as to the extent Trump’s maneuver will hamper the wheels of justice.

Though many are dismayed by his latest ploy, Trump is still in a heap of trouble. Former high ranking Justice Department lawyer Peter Keisler noted, “If the department concludes that the former president or others in his circle intentionally sought to deceive the government in order to obstruct its investigation, that would significantly elevate the seriousness of this already very serious matter.”[4]

From what we now know, it sure looks like Trump intentionally sought to deceive the government and obstruct justice. Nevertheless, his duplicity could unfortunately delay prosecuting him in this matter for some time.

Regardless, Trump is sinking deeper into troubled waters and his legal jeopardy will not go away. In fact, the DOJ’s continuing investigation into the January 6 insurrection and the conspiracy to have alternative electors overturn the 2020 election in a number of states will likely now receive greater scrutiny due to the delay in the concealment of government documents probe.

Former Trump White House lawyer Ty Cobb (not the baseball hall of famer) contends that the chances of Trump being indicted by the Department of Justice are “very high.” He recently explained that Trump’s “interfering with Pence…trying to persuade him in a very aggressive effort not to certify the election, and to send certain electors back, I think that was criminal.”[5] He believes Trump’s most serious legal problems are due to the obstructive activity he took in connection with the Jan. 6 proceeding…and the attempts to interfere in the election count in Georgia,  Arizona, Pennsylvania and perhaps Michigan.”[6]

Still, there will be no resolution of any of this until after November’s election. Neither the DOJ nor the states’ prosecutors will want any hint that their actions are politically motivated. Yet Trump’s obsession with being in the limelight will clearly color this year’s elections as well as those in 2024. Sink or swim, Trump just can’t help himself.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[2] https://truthout.org/articles/trump-appointed-judge-rejects-amicus-brief-in-bizarre-move-critics-say/

[3] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[4] https://www.washingtonpost.com/opinions/2022/09/01/republican-lawyers-trump-documents/

[5] https://www.cnbc.com/2022/09/09/ty-cobb-former-trump-white-house-lawyer-says-he-violated-constitution.html

[6] Ibid.

The Struggle for the Soul of America: Can Democrats Pull an Upset in this November’s Mid-term Elections?

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(Note: I am taking a break. This is my last blog until after Labor Day. Back at you then.)

History tells us that the odds of the party occupying the White House winning the mid-term elections are pretty slim. “Since the end of World War II, the president’s party has lost House seats in all but two midterms: 2002 and 1998…”[1]

Until June 24th when the Supreme Court overruled Roe v. Wade’s right to abortion,[2] it appeared the conventional wisdom would prevail, and a Republican red-wave tsunami was gathering steam. In the last six weeks, however, the tide has turned purple, if not downright blue.

So much is now going the Democrats’ way, it’s hard to believe. No one thought that red state Kansas would support abortion rights by 18 percentage points.[3] Nor did most people think that Sens. Manchin and Sinema would sign on to the Democrats’ climate, health care and tax legislation,[4] assuring its passage in the next week or so.[5] The renamed Inflation Reduction Act will bring the country close to its emission reduction goals of cutting carbon emissions by roughly 40% by 2030. It will also lower drug prices by permitting Medicare to negotiate prescription drug prices and extend the Affordable Care Act for three more years.[6]

In addition, here’s what else has recently boosted the Democrats’ chances in November:

Nevertheless, the elections are still three months away. While the Democrats now have a much stronger record to run on then they did just a couple of months ago, they will need an enthusiastic voter turnout, like the one in the recent Kansas primary affirming abortion rights, to upset the GOP and hold onto their Congressional majorities.

What was just a pipedream not long ago is now a realistic goal. With much of the Republican Party seeking permanent one-party rule,[8] the Democrats are finally giving voters good reason to stick with them by demonstrating that they can produce concrete results for the American people. Though it’s far short of the progressive ideal and not everything President Biden promised during the 2020 campaign, he and his party have made significant progress in the face of stiff Republican opposition. Just think what they could do if, we, the voters gave them greater majorities to work with in November. One can only hope. All of us working together to get out the vote can turn hope into reality this fall.

Bruce Berlin, J.D.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://fivethirtyeight.com/features/why-the-presidents-party-almost-always-has-a-bad-midterm/

[2] https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn

[3] https://www.nytimes.com/2022/08/02/us/kansas-abortion-rights-vote.html

[4] https://www.politico.com/news/2022/08/04/dems-agenda-energy-climate-bill-00049875

[5] https://www.nytimes.com/live/2022/08/07/us/climate-tax-deal-vote

[6] https://www.yahoo.com/news/dont-believe-trump-gop-biden-130045250.html

[7] Ibid.

[8] https://www.theguardian.com/commentisfree/2022/jan/04/trump-republican-party-democracy