Category: Politics
A bad feeling
I used to want to work in the military intelligence field — data analysis, creating response playbooks. As a result, I learned the importance of taking the context of a report into consideration. Some counties have independent media — something bad happens in the USA, someone is bound to write about it. Now there are avenues for suppressing information — some content that will compromise national security is going to have more trouble getting out there than speculation on corporate fraud committed by a president. But other countries don’t. When I was studying history and poli sci, it was Russia that was a concern. And Russian media publications are going to provide state approved news. For something really bad to hit the Russian news, it’s going to be impossible to hide. Think Chernobyl — they’re measuring fallout in Finland. Everyone knows something happened.
And that’s why I get a bad feeling when China reporting “a cluster of pneumonia cases” — a stock the pantry, batten your hatches bad feeling.
Timeline – Biden, Burisma, and the Prosecutors General
I’m trying to follow the logic of Biden corruptly using his influence to squash an investigation into a company that employed his son on its board.
Zlochevsky, former Minister of Ecology and Natural Resources, is the majority shareholder in Burisma and may have gotten gas extraction licenses because of Zlochevsky’s former position. In 2012, Ukrainian Prosecutor General Viktor Pshonka began investigating Zlochevsky for possible corruption, money laundering, and tax evasion from 2010–2012. The British Serious Fraud Office investigates Zlochevsky for a possible money laundering scheme too. On 16 April 2014, the British blocked accounts held by Burisma’s majority shareholder for holding 23 million in possibly ill-gotten assets. They sent a letter to the Ukraine requesting documents for their investigation.
21 April 2014, Biden visits the Ukraine and promises aid to help the country avoid relying on Russia for petrol – aid which might have been used to increase domestic fuel extraction and benefited companies holding extraction licenses (i.e. Biden is committing funds that might farther enrich Zlochevsky). Burisma announced Hunter Biden joining the board on 12 May 2014.
07 June 2014, Poroshenko took office as the President of Ukraine; Prosecutor General Vitaly Yarema was confirmed on 19 June 2014. Yarema opens an investigation into Burisma on 05 Aug 2014 for ‘unlawful enrichment’. 14 October 2014, anti-corruption laws are enacted in the Ukraine. In February, George Kent says he met with a deputy prosecutor from Yarema’s office and, in an action coordinated with the US Justice Department, spoke against having the case shut down. In December 2014, the American government is pushing Ukraine to help the British with their investigation. The British unblock Zlochevsky’s accounts on 21 January 2015 because of insufficient evidence to substantiate the claim. They weren’t getting help from the Ukrainians.
10 Feb 2015, Viktor Shokin replaces Yarema a Prosecutor General. But I’ve not seen any reports of Shokin picking up the Burisma investigation. Everything I’ve read says he had essentially left the case mothballed. In late 2015, Biden and the US government are still speaking out about possible corruption and specifically call out officials who failed to assist with the British investigation into Zlochevsky. Biden made a speech in the Ukrainian Parliament about rooting out corruption in the country and threatens to withhold a billion dollars in loan guarantees unless Poroshenko fires Shokin.
03 April 2016, Shokin is fired by Parliament for the slow pace of investigations and corruption allegations. 12 May 2016, Yuriy Lutsenko was appointed as Prosecutor General. And 13 May 2016 the US agrees to a billion dollar loan guarantee. Lutsenko is the one who investigated Burisma. A Burisma statement says the case was dropped in Sept of 2016. Burisma pays a couple million in taxes and fines in Sept of 2016.
The claim isn’t that Biden got Shokin, a guy who was investigating Burisma, fired. OK, yeah, that is the claim … but was there an investigation?! Kasko, Shokin’s deputy, says the office did nothing to pursue the investigation throughout 2015.
If not, the crux of this claim is that Joe Biden had some knowledge that the investigation was going to resume? Maybe the idea is Biden knew the popular sentiment in the Ukraine was to get a tougher prosecutor and used American money to ensure “you need to fire the Prosecutor General and appoint someone who will really root out corruption” was “you need a guy who roots out corruption and knows that company where my son sits on the board is totally on the up-and-up, so there’s no need to get back into investigating them”. Or “get this mothballed case opened and do as little harm to the company where my son sits on the board”. But that’s a lot different than saying he pressured the Ukrainians to fire a prosecutor who was about to bust his son (or the company paying his son).
Hopefully this will get cleared up in the Senate Impeachment proceedings. Because a much as I know the Democrats don’t want Biden testifying … I expect Trump’s defense to spend a lot of time promoting what exactly they claim Biden did wrong.
Jeopardy
Something I never put much thought into — impeachment isn’t subject to jeopardy protections. Which means the House could continue to pursue judicial remedy to force witnesses and vote on additional articles of impeachment for the exact same event.
Very Meta
The Ohio House wants to ban bans on plastic bags? The party of less government … Unless you aren’t doing what I want you to do. Then we need a law! Obviously a *state* law because the Feds cannot possibly come up with a law that addresses the needs of such a diverse group of people. Sigh!
Understanding the law
It irks me how many government officials fail to understand the law (or, at least, make statements that are legally absurd). Today, Devin Nunes says he will sue CNN for defamation. Why? Because CNN reported that a lawyer for Lev Parnas said Parnas knows something about some meetings Nunes scheduled with former Ukrainian prosecutors (and Parnas is willing to testify before Congress).
What’s the requirement for a defamation case? (1) False statement and (2) malicious intent. If Nunes said he intended to sue Parnas, that would be reasonable — still have to prove that the statement was false and uttered with malicious intent, but at least Parnas could have made a maliciously false statement. But a defamation suit against CNN would be an assertion that CNN made up a conversation with Parnas’ lawyers and did so maliciously to harm Nunes.
I’m certain Nunes statement was dramatization — and a way to avoid answering when asked if he did have involvement with the whole Ukraine fiasco. But someone who is responsible for writing laws shouldn’t demonstrate such ignorance of those laws.
The Fifth and Executive Privilege
Intellectually, I know that invoking one’s Fifth Amendment right is not an admission of guilt. But, any time I hear someone taking the 5th, my subconscious assumption is either that they’re guilty of whatever is being asked or the answer brings up some other admission of guilt. Because, seriously, why refuse to answer if the content of the answer is exculpatory and doesn’t implicate someone important to me?
In the same way, I intellectually know that my subconscious brain went somewhere not legally valid when Dr. Fiona Hill refused to answer a question citing executive privilege. The line of questioning was basically “you’ve been high up on the Russia desk for some time, so you’ve been on a lot of these phone calls with foreign heads of state”, “yes”, “is the content of this (the declassified 25 July phone call with Zelensky) call unusual”, PRIVILEGE! Which only makes me think that demanding personal favors that run counter to national interest (or having favors that run counter to the national interest demanded of him) isn’t unusual.
November Debate
I like the point about putting more effort into turning the 50% of non-voters into voters … between single-issue voters who will never vote for a Democrat & the 30 or whatever percent that seriously think the Trump presidency is perfect, it’s not like there’s a lot of people to be swayed there. The huge pool of people who don’t vote? Offer free childcare & transportation. Get them engaged with some piece of the platform.
“The fragility of his ego stood in the way of national security” … Harris’ assessment of Trump’s interactions with N. Korea is a good quote, and not just about this particular issue.
I want nothing …
So, if I go jack, say, a Lambo … and when the cops show up say I’m heading out to return it … that’s OK?! Because chatting with an Ambassador and telling them he doesn’t want anything from the Ukraine after knowing the whistle-blower complaint is headed to the House isn’t exactly a great defense. Similarly, saying the money got released after the complaint … not exonerating.
Direct Representation
I always wanted to run for federal office on the platform of direct representation — more a technology than a platform. Develop a system that allows constituents to log in and vote for any legislation — basically like proxy voting for shareholders. I’d deliver summary and full text content of anything in advance of the vote, and I’d cast my vote as dictated by my constituents. And constituents could see the vote totals for each piece of legislation to prove that I am voting based on real input. Obviously, this platform suffers an immense privilege problem — it’s great for a demographic with free time to read through legislation and convenient Internet access. It also suffers a civic disengagement problem — does anyone actually want to read through the text of everything that’s coming up in my committees and to floor votes? It’s quite possible that I’d be voting against the National Law Enforcement Museum Commemorative Coin Act (H.R. 1865) because five people bothered to lodge an opinion … and only to troll the entire idea behind direct representation. And none of that considers the threat of malicious actors.
Once there is a platform available for one legislator, expending it to others in the same chamber is trivial. Adding the other chamber or state legislatures is an undertaking from a content-development standpoint (what *is* on schedule for the Oregon Senate today?), but the underlying development effort is the same. Somewhat like the National Popular Vote compact is an end-run around formalizing the eradication of the Electoral College, this would be an end-run around indirect representation.
But I’ve thought, of late, that starting at the Federal level is misguided — if for no other reason than the incredible amount of money it takes to run a campaign for federal office. But also because getting the six million or so Ohio voters set up for direct representation by their state Senator would be a logistical nightmare. It seems better to begin implementation at the local level — run for school board or a Township Trustee position where you are concerned about a few thousand voters. Use local offices as small proof-of-concept experiments. Maybe it doesn’t work out — maybe no one cares enough to check what’s being discussed and vote for their position. Maybe running and supporting the platform is too expensive or time consuming. Hell, maybe no one is interested enough in direct representation for a direct representation candidate to win in the first place.