RICO Suave

[H2O Man]

Last week surely ranks high among the worst ever for any presidential administration in modern times. Indeed, it marks one of the lowest points for a president in the nation's history. Much of the White House distress was a direct result of their corruption and incompetence …..yet, as Rachel Maddow documented so well during the week, the massive grass roots demonstrations against republican efforts to repeal “Obama Care” also played a huge role.

The humiliating defeat of the Ryan-Trump plan shows that not every republican is willing to suckle on Trump's appendage in the manner of Devon Nunes. It would be an error to believe that the republican refusal to support their president was due to the Ryan-Trump bill alone. Reports on how ignorant Trump was on the bill's details

Thus, they see a president who has been put in check by the federal courts on his Muslim immigration ban; a president leading an administration being investigated for serious charges by the FBI, in coordination with the rest of the intelligence community; a president who tweets outrageous lies about President Obama; and a president who is incapable of grasping the issues involving health care. It is therefore same to conclude that congressional republicans are confronted with two questions: How did this man get elected? And how closely do they have to associate themselves with his failing presidency?

Both questions lead directly to the FBI investigation. And as bad as it appears to the public, and as damaging as the media reports are, the talk in the offices in the House and Senate is far worse. That doesn't mean that the average republican is going to behave as if they know how bad it is for Trump et al right now. This is not an attempt to ascribe even a hint of patriotism or ethical standards to them, for their behaviors are entirely self-serving. They prefer the comfort of office more than they care about Trump and Steve Bannon.

It appears most likely that the “intelligence” shown to Nunes last Tuesday night was from Jerome Corsi. And that Corsi held this meeting upon the request of Steve Bannon. Think about that. On Wednesday morning, Nunes rushed to talk first to Paul Ryan. What he did after that was – at very least – given the okay by Ryan. And the entire operation fell flat: Nunes's behavior was the issue, and his ability to lead the House intelligence committee questioned.

The single best source on the televised reporting on the Trump-Russian scandal is Malcolm Nance. Between his book on the topic, and his on-going analysis, one could be forgiven for thinking that he is playing a role in the effort to remove Trump from office. There are two things that Mr. Nance said at the end of the week that are extremely important.

First, he made clear that the FBI is conducting an investigation based upon violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The prosecutions will not be for treason or espionage, except in the court of public opinion. Yet, looking at the definition of RICO shows why this is a better fit for the federal government's system to process:

https://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act

One can argue about the Constitution's description of “treason.” Even the US Supreme Court's ruling in 1952 on Kawakita v United States was a 4-3 decision. But no one will be able to view the current administration as organized crime, and a group that dealt with Russian organized crime – including to coordinate efforts in the 2016 presidential election.

As documented in the above link, RICO can involve both criminal and civil charges. While there is a history of not charging a sitting president with criminal charges, in the 1990s, the government shifted to make a sitting president face civil charges. This created grounds for the House republicans to move to impeachment, advocating a case that defied logic.

In the current administration, there is already more than enough evidence to indict and convict several of the Trump campaign's players. The current investigation is focused upon those two famous questions: What did the president know? And when did he know it?

To prosecute the higher levels, the FBI benefits from “turning” participants who will inform on others, in order to obtain a deal. There has been interesting speculation on which of the suspects would rat on the others, for they are all rats. But Mr. Nance has said that the first rat is none other than Flynn.

In an case of an investigation that started last summer, events have picked up momentum in recent weeks. In large part, that seems likely related to Flynn having ratted his buddies out. The attempt to discredit the House intelligence committee, Bannon, Corsi, Nunes, and Ryan engaged in last week's failed effort. More and more elected representatives in the House and Senate are advocating for a more thorough investigation, including a possible Senate Select Committee. Within a month, it's likely that there will be agreement that a special prosecutor be named.

I think we should begin lobbying for Preet Bharara be appointed to that position.

Peace,
H2O Man