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Tuesday, April 10, 2018

Trump is not the country

It would be too exhausting to go through every incoherent burble, distortion of the truth and outright falsehood in Dear Leader's remarks Monday (the ones that were supposed to focus on the administration's contemplated response to the reported chemical-warfare attack against Syrian civilians), but one demands close attention.

Among many other claims by our Dear Leader in his lengthy rant against the FBI (and his own Justice Department, and special prosecutor Robert Mueller, and yes, Hillary Clinton, too) for its unannounced raids on his personal lawyer Michael Cohen's office and home, he said the raids were "an attack":

It’s an attack on our country in a true sense. It’s an attack on what we all stand for.
No.

It.

Is.

Not.

If you nod approvingly at Trump's argument, you either

  • buy into the "deep-state" conspiracy against him, or
  • have as little understanding of our Constitution and our laws as he.
Conspiracy theories are seductive little beasts but they generally suggest a lot more than they actually prove. That's why I treat them with great skepticism, often shading into suspicion. If you don't, I think you're showing more credulity than wisdom.

Now, a raid on an attorney's office and the seizing of his files is a very big deal. We all know about attorney-client privilege. (You don't? Well, attorney-client privilege means that your attorney can't reveal what the two of you discussed — at least, not when she was acting as your attorney.)

Even so, the FBI got a warrant to raid Cohen's office and living quarters. The warrant allowed the bureau to seize his files, which ordinarily would be off-limits due to privilege.

That was extraordinary. However, it wasn't illegal.

If a lawyer is suspected of working with her client to commit a crime, or to cover one up, a judge can decide that the attorney-client privilege is moot — that is, that communications between the attorney and client are not protected.

Defeating attorney-client privilege requires compelling evidence. Most attorneys have the knowledge, connections and financial means to counterattack if it turns out the suspicions of criminal behavior were unfounded. Plus, most judges were attorneys themselves, and as the morbid joke goes, sharks don't bite lawyers out of professional courtesy. So no judge is going to grant a warrant to seize client files without damned good reason.

In spite of plenty of lawsuits to his name, Dear Leader doesn't know the principles of our legal system: he only knows the grubby details that he has personally encountered. More to the point, he doesn't give a damn about those principles. He has no clue that the legal system is supposed to treat everyone equally. To the contrary, his self-obsessed little mind is convinced that since he's THE PRESIDENT, the Justice Department is supposed to be his personal attack dog and legal shield.

The Justice Department exists to uphold federal law. It's not the president's stormtroops.

Has DoJ misbehaved in the past, sometimes egregiously? Yes. J. Edgar Hoover treated the FBI much the way Dear Leader would like to, and the result was decades of misconduct and decades more of mistrust by elements of the public. Note, however, that those with the greatest reason to mistrust DoJ or the FBI are black and brown people — just like those Jeff Sessions is going after with today's DoJ, in fact. Rich white men like Trump simply have never been a priority for DoJ. (A lot of them got off scot-free after the 2008 financial collapse, remember?)

No, the FBI and DoJ came after Michael Cohen because they strongly suspect he has committed major crimes — and the evidence they have convinced a judge to sign a no-knock warrant that permitted them to seize his files (and his phone, apparently).

That's not an attack on our country. It's a vindication of our laws. It's a demonstration that the system, at least for now, and in spite of Dear Leader's corrosive attacks on the rule of law, still works.

From the standpoint of the rule of law, the raids on Dear Leader's lawyer's office and home were deeply disturbing — but not because they were an "attack" on anyone, but because they suggest something quite foul is going on with Mr. Cohen. If Dear Leader is feeling attacked, perhaps it's evidence of a guilty conscience. Or, well, no, not conscience, a mental faculty our Dear Leader has convincingly demonstrated he lacks. More like consciousness of guilt.

"L'etat, c'est moi" ("I am the state") is a long-discredited sentiment attributed to one of the more despotic rulers of France. Modern democratic states don't allow their executives to hold such autocratic powers. Yet that's what Dear Leader is claiming when he calls the raids "an attack on our country". News flash, Donnie: you're not the country. Your ego is that big, but you aren't.

Nor were the raids "an attack on all we stand for". What they were was evidence that the rule of law still holds, however tenuously. That's what we stand for. What about you, Mr. President?

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