Category: Emoluments Clause

We’re So Sorry Eric & Ivanka …

by James P. Shafer, posted in Bridges Not Walls, Defending the Constitution, Emoluments Clause, Ethics in Government, Impeach Trump, Politics, Resist Trump, Uncategorized

That (in Eric’s case) you’ve: “Never seen hatred like this”; Or, in the words of Ivanka: “There is a level of viciousness that I was not expecting”.

It’s just that when you blatantly leverage you father’s name (with his explicit support and encouragement) to increase the revenue and net worth of your family’s business empire in direct violation of the U.S. Constitution which your father took an oath to protect and defend, some folks tend to get just a tad touchy.

When your father goes out of his way to insult world leaders who have stood by us in the darkest of times while warmly embracing the most blood soaked and corrupt dictators alive, some people might forget their manners.

When each of you, personally, feel free to trample the anti-nepotism laws and ethical standards which are designed to protect the rest of us from greedy and rapacious parasites of the type that you now personify, yes, some of us DO get a little hot under the collar.  Try to understand.

When the corrupt, crony capitalists appointed by your father to be the guardians of our democratic institutions use their offices to enrich themselves while systematically dismantling the very agencies they are supposed to be managing for the benefit of the people who pay their salaries, tact tends to fall by the wayside.

When your spouse tries to circumvent the safeguards designed to protect us all by surreptitiously establishing direct contact with what is in-arguably our country’s most dangerous foe, some of us might fail to see the big picture.  We don’t mean to be disrespectful of your obviously superior intellect.

Some of us DO take it personally when your father blithely dismantles long standing international agreements, turns a blind eye to the on-going atrocities committed by his strong-man heroes, and works tirelessly to destroy America’s hard won position as the political, economic and (most importantly) moral leader of the world’s democracies.  Please forgive us.

When the defining moments of your father’s term to date have been the blatant lies, mis-representations and vicious attacks against anyone with the temerity to raise a dissenting opinion, diplomacy might be one of the first victims.

When the very moral precepts upon which this country was founded and for which thousands of our fellow patriots past and present have paid dearly in blood, are heedlessly ignored in your father’s blind pursuit of fame and personal attention, I’ll admit it, even I tend to neglect the niceties of social discourse.

When every day that your father remains in the office for which he is so obviously unsuited brings evermore egregious damage to the reputation and standing of the great nation we all aspire to be part of, patience tends to wear a bit thin.  I understand that’s no excuse for offending your tender sensibilities.

We’ll all try to be more careful and considerate in the future.

Feel better now?

 

 

 

 

Disagreement Does Not Mean Disrespect

by James P. Shafer, posted in Bridges Not Walls, Defending the Constitution, Emoluments Clause, Ethics in Government, Impeach Trump, Politics, Resist Trump

“If the intent is not peaceful this is not the event for you,” said Mark Skoda on the stage (in Nashville, TN) . . . According to , and published in USA TODAY, where the following comments were also recorded:

“We are all Americans, we need to come together,” said Richard Saunders of Robertson County (TN) . . .

“We are the silent majority,” said Diane Simpson, of Leonardo (NJ). “We are people that normally don’t demonstrate, but when we have to, we can.” . . . As reported by Craig McCarthy of NJ Advance Media for NJ.com

“We need to rediscover the soul of America,” said Ronald Gawronski, in Miami, FL, according to a news report on CBSMiami.com, “The feeling of who we are as a people.”

Sound familiar?  Maybe even inspirational?  These were some of the voices heard at the Pro-Trump rallies held around the country this past weekend.

And while the unfortunate (and bloody) confrontations in Berkeley, CA were what commandeered all the headlines and video coverage, NPR was able to confirm that:

“. . . For the most part, however, the demonstrations have been peaceful — and in Austin, at least, charitable as well. The Austin American-Statesman notes that pro-Trump “attendees are told to bring donations for the homeless and veterans, such as canned goods, clothing, blankets and hygiene products, according to the [organizers’] Facebook page.”

All of the above confirm my strong conviction that among Americans (even those who in good faith and with the best of intentions backed a different candidate than I did), there is much more that unites us then divides us.

A strong moral compass, a deep rooted concept of honesty and fair play, and a shared commitment to the rule of law and peaceful resolution of our legitimate differences are all clearly evident in the sentiments and actions described above.

I’d like to commend these fellow Americans and those who share their views for their dedication to our shared ideals and their commitment to the welfare of the Nation we ALL love.

While I did not vote for the same candidate that you chose, in “normal” circumstances I would willingly give the new President (whether my preferred candidate or not) my loyalty and support.

The reason I respectfully disagree with your well-intentioned support for the current occupant of the White House, though, is that it is becoming increasingly and unavoidably obvious that he does not share the values and ideals to which both you and I firmly adhere.

I ask you:

Would a President worthy of our loyalty have blatantly ignored the U.S. Constitution on his first day in office by violating the Emoluments Clause and refusing to divest himself of his business interests?

Would a President worthy of our support continually trash the ethical standards and safeguards that ALL politicians from ALL parties have adhered to for over 200 years?

Would a President worthy of our respect equate the moral standing of America for which our fellow citizens have fought, bled and died in countless wars throughout our history with that of the most greedy, corrupt and blood-soaked dictator the World has seen in 50 years?

I say this as someone who derives absolutely no satisfaction from witnessing the failure of ANY American President: By every word, deed, and tweet since assuming the Office, Trump has conclusively demonstrated to all of us and to the rest of the World (with the possible exception of Vladimir Putin) that he is completely, utterly, and morally incapable of performing the duties required of the holder of that Office.

This is no longer a political issue.  This is no longer a partisan debate.  This is not a diatribe against Republicans (with whom I have voted on several previous occasions), Conservatives (whose political philosophies I mostly share), or Populists (whose frustrations with the “Status Quo” I currently share).

This has become an existential threat to the country against which we must ALL unite and fight – before the damage to our Nation and its place in the world become irreversible.

I ask that you join the many millions of your fellow countrymen and patriots who clearly see the danger to help us face and defeat the menace we all face.

 

 

 

I Stand With Her . . . (with full credit and thanks to Ms. Regina Schrameyer):

by James P. Shafer, posted in Bridges Not Walls, Defending the Constitution, Election, Emoluments Clause, Ethics in Government, Impeach Trump, Politics, Resist Trump

This is where I stand . . .: Our 45th President, his power hungry cronies taking positions of authority in his Cabinet and administration, and the majority of Republicans in Congress are a real and active threat to me, my way of life, and all the people I love. Some people are saying that we should give Trump a chance, that we should “work together” with him because he won the election and he is “everyone’s president.” This is my response:

•I will not forget how badly he and so many others treated former President Barack Obama for 8 years…
•I will not “work together” to defund the arts
•I will not “work together” to normalize predators’ sexual abuse
•I will not “work together” to privatize Medicare, cut Social Security and Medicaid.
•I will not “work together” to build a wall.
•I will not “work together” to persecute Muslims.
•I will not “work together” to shut out refugees from other countries.
•I will not “work together” to lower taxes on the 1% and increase taxes on the middle class and poor.
•I will not “work together” to help Trump use the Presidency to line his pockets and those of his family and cronies.
•I will not “work together” to weaken and demolish environmental protection.
•I will not “work together” to sell American lands, especially National Parks, to companies which then despoil those lands.
•I will not “work together” to enable the killing of whole species of animals just because they are predators, or inconvenient for a few, or because some people want to get their thrills killing them.
•I will not “work together” to remove civil rights from anyone.
•I will not “work together” to alienate countries that have been our allies for as long as I have been alive.
•I will not “work together” to slash funding for education.
•I will not “work together” to take basic assistance from people who are at the bottom of the socioeconomic ladder.
•I will not “work together” to get rid of common sense regulations on guns.
•I will not “work together” to eliminate the minimum wage.
•I will not “work together” to support so-called “Right To Work” laws, or undermine, weaken or destroy Unions in any way.
•I will not “work together” to suppress scientific research, be it on climate change, fracking, or any other issue where a majority of scientists agree that Trump and his supporters are wrong on the facts.
•I will not “work together” to criminalize abortion or restrict health care for women.
•I will not “work together” to increase the number of nations that have nuclear weapons.
•I will not “work together” to put even more “big money” into politics.
•I will not “work together” to violate the Geneva Convention.
•I will not “work together” to give the Ku Klux Klan, the Nazi Party and white supremacists a seat at the table, or to normalize their hatred.
•I will not “work together” to deny health care to people who need it.
•I will not “work together” to deny medical coverage to people on the basis of a “pre-existing condition.”
•I will not “work together” to increase voter suppression.
•I will not “work together” to normalize tyranny.
I will not “work together” to eliminate or reduce ethical oversight at any level of government.
•I will not “work together” with anyone who is, or admires, tyrants and dictators.
•I will not support anyone that thinks its OK to put a pipeline to transport oil on Sacred Ground for Native Americans. And, it would run under the Missouri River, which provides drinking water for millions of people. An accident waiting to happen.

  • I will not “work together” with conservative enablers who believe that the end justifies the means and have therefore chosen to remain silent while their standard bearer trashes our Constitution and our ideals.
  • I will not “work together” with these usurpers of power by sitting on the sidelines in future elections and letting their cold calculus of voter apathy allow them to remain in office.

This is my line, and I am drawing it:

•I will stand for honesty, love, respect for all living beings, and for the beating heart that is the center of Life itself.
•I will use my voice and my hands, to reach out to the uninformed, and to anyone who will LISTEN:

That “winning”, “being great again”, “rich” or even “beautiful” is nothing… When others are sacrificed to glorify its existence.
If you agree feel free to copy and re-post (this results in larger numbers of people seeing a post), and if you want, sign your name below ours.

Also, if we have left anything out, feel free to add it to this list.

Absolute Necessities OR Noise Level Nonsense?

by James P. Shafer, posted in Bridges Not Walls, Defending the Constitution, Election, Emoluments Clause, Ethics in Government, Impeach Trump, Politics, Resist Trump

If YOU were suddenly given ultimate responsibility for the fate of the Free World, where would you choose to focus your time and attention:

Investigating the credible threat that a hostile foreign power posed to the validity of the election OR comparing the relative crowd sizes of your inauguration to those of your predecessors?

Learning all you could about how to harness the relentless forces of economic globalization for the good of the Nation OR harassing, insulting, and bullying the Nation’s closest neighbors and leading trading partners?

Laying the groundwork in infrastructure improvements, educational agendas, and legislative imperatives required to improve the entire Nation’s long term economic growth OR publicly haranguing and brow-beating a few large, successful, public companies over a (very) few thousand, mostly symbolic, jobs?

Listening intently to the dedicated public servants in ALL branches of government who have made it their life’s work to ensure the Nation’s well-being and security in an oftentimes hostile World OR Tweeting about the imaginary indignities inflicted on one of your adult children by the free market?

Building trust, credibility, and goodwill among the large majority of citizens who chose not to vote for you OR repeating baseless claims about massive voter fraud ad nauseum until even the minority who did vote for you wishes that you would just be quiet?

Honoring your oft-stated commitment to govern openly, honestly, and fairly by releasing your tax returns (as explicitly promised on several occasions) and divesting yourself of myriad business interests which constitute a blatant conflict of interest and which stand in direct violation of the U.S. Constitution OR callously labeling those courageous individuals who seek to hold you to those promises as liars and purveyor’s of “Fake News”.

Insisting that the individuals whom you appoint as your most trusted advisers adhere to the highest standards of honesty and integrity OR cajoling a spinelessly complicit legislative majority to turn a blind eye to your appointee’s many moral lapses and questionable judgments?

Reaching out to strengthen ties with trusted Allies around the World who share our values and ideals and who have stood by us for over 50 years OR publicly bashing the freely elected Leaders of those great Nations and the solid alliances they have forged with us in favor of the warped world view and kleptocratic regime led by a murderous and dictatorial tyrant?

Building on the noble traditions and democratic ideals upon which our Nation was founded over 200 years ago OR deliberately and systematically trashing those pillars of our democracy for your own narrow, personal interests?

Even the most casual observer of the chaos which has engulfed the U.S. Government starting with the inauguration on January 20 would readily acknowledge that the list above represents only a small fraction of the deadly serious issues which have confronted the country and the less than trivial diversions with which the trumpster has been obsessed during his brief time in office.

What is perhaps even more pertinent and problematic for the future of our Republic is this: If you put the above choices to your favorite five year old, I’d be willing to bet that they would have no trouble at all making the “right” decision in each case.

That our illegitimate leader obviously finds this level of discerning logic and level-headed judgement to be far beyond his (admittedly limited) mental abilities is perhaps the most damning evidence arguing against his continued occupation of the Oval office.

 

A = A (with apologies to Ayn Rand)

by James P. Shafer, posted in Defending the Constitution, Election, Emoluments Clause, Ethics in Government, Politics, Resist Trump

It does not sometimes equal “A” and sometimes equal “B”.

It does not equal “C” just because someone decides that they don’t like “A” very much.

It does not magically transform itself into “D” because that will generate more headlines.

No matter how loud or how long someone may insist that it is really “E”, it remains “A”.

Even if someone proclaims that he was elected as a visionary leader precisely because he was the only one to see it as “F”, it is still “A”.

When every short-sighted sycophant in the land joins the deranged visionary in proclaiming it to be “G”, eternally it is “A”.

When the Senators who have sold their hearts, minds and souls to that lunatic in hopes of riding his coattails to power deny their own senses and agree that it MUST be “H”, “A” is always “A”.

No matter how many well-intentioned Citizens renounce their capacity for rational thought and join in the demented chorus that This time it is “I”, “A” remains “A”.

 

To deal with facts rationally, you must first be able to recognize and accept them as facts. Failure to do so is a pretty good working definition of a madman.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Clock is Ticking . . .

by James P. Shafer, posted in Defending the Constitution, Election, Emoluments Clause, Ethics in Government, Politics, Resist Trump

No sane person relishes the thought of watching the Failure of an American President.  No matter how hard fought the campaign was or how far apart they were on the issues, even Hillary Clinton, in her concession speech, had the good grace and the good sense to ask all Americans to give Donald Trump a chance to govern.

I respect both the sentiment and the hard-headed reality that it embodies.  Like passengers on an airliner travelling 600 miles per hour at 40,000 feet, our fate is now inextricably linked to the skills, judgement, and behavior of the person holding the controls.  So, the only sensible course would seem to be to wish him well and hope like Hell that he knows what he’s doing.

But, at what point does the natural inclination towards maintaining the status quo get overtaken and displaced by the equally natural instinct of self-preservation?

What if you saw that Pilot stagger on to the plane right after spending several hours at the bar without bothering to check the weather or perform any pre-flight preparation?  What if he bullied the passengers waiting in line and groped the flight attendants as soon as they boarded?  How confident would you be about the outcome of the flight if the Co-pilot was the only one with any flight training or actual experience flying an airliner?

At some point even the most white knuckled flyer would be forced to conclude that the best (and perhaps the only) chance for survival lies in rushing the cockpit and wresting the controls from the hands of the drunken lunatic that holds them.

After less than two weeks on the job, it is becoming painfully obvious that Trump is as ill-suited to his new responsibilities as that fictional drunk of an airline captain.  Instead of the fate of a few hundred poor souls on board, though, Trump has the fate of our nation and the survival of the Free World in his hands.

His list of “accomplishments” is as ominous as it is long:

  • Committing an impeachable offense the moment he took the oath of office by not divesting himself of his business interests as is required by the Constitution’s Emolument’s Clause.
  • Gravely insulted the fallen heroes of the Central Intelligence Agency by repeating his baseless claims about media bias in front of the wall honoring their sacrifice.
  • Alienated Mexico with his senseless demands that they pay to build his infamous “Wall” along our Southern Border.
  • Undermined the Nation’s confidence in the integrity of our electoral system by repeatedly claiming that he would have won the popular vote except for the fraudulent votes cast by millions of illegal voters
  • Appointed Steve Bannon, a known right-wing fanatic and political hack to the Principals Committee of the National Security Council.
  • Summarily fired the entire senior staff of the State Department.
  • Permanently tarnished the image and reputation of America in the eyes of the World with his unconstitutional executive order banning legal immigrants and legal residents based on their religion.
  • Summarily fired the acting Attorney General who refused to defend that illegal ban in court.

And that’s just a partial list after less than two weeks in office!

So the question that I pose, and it is directed particularly to those enablers of the Republican variety, is this: How long are you prepared to sit idly by and watch this unbridled maniac destroy all that is great and good about our country?

I understand and accept that the Republican party won the last election and is thereby entitled to the reins of power until the next election.  If we ALL don’t do something drastic and do it soon, though, there won’t be anything left to govern by the time the next election rolls around in two years.

 

 

We are either a Nation of Laws or we are History

by James P. Shafer, posted in Defending the Constitution, Emoluments Clause, Ethics in Government, Politics, Resist Trump

“Obedience to specific court orders is what keeps us from being a banana republic or fascist dictatorship. That’s a really big deal.” – Abner Greene, Law Professor, Fordham University in interview with Huffington Post.

When Trump was riding his father’s coattails and bank accounts to his bespoke fortune back in the early 70’s, he didn’t think the Anti-Discrimination laws applied to him.  It took a lawsuit from the U.S. Justice Department to show him otherwise.

In 2005, when he started his now-infamous “Trump University” with the sole aim of bilking as many people as possible out of as much money as possible, he didn’t think that the laws against fraud and illegal advertising  applied to him.  His reluctant acceptance of a court approved $25 Million settlement in a lawsuit bought against him by 6,000 of those defrauded students proved otherwise.

Even before his inauguration Trump blatantly refused to abide by the strictures of the Constitution’s Emoluments Clause.  Give his track record of disdain for similarly inconvenient laws in the past, this should come as no surprise to anyone.

Several Constitutional scholars have filed a lawsuit seeking to force Trump to comply with the law using the only methods that have been shown to work against the worst of his sociopathic instincts.  Many Democratic leaders and members of the (still) free press have publicly castigated him for his untenable defiance.

What is surprising, though, is the stone cold silence from members of Trump’s party (who claim to be the defenders of our Nation’s heritage of adherence to the Law), regarding this egregious transgression against our core beliefs and values.

Just this past weekend we, as citizens, together with the rest of the world were given a first hand lesson in the importance of Laws and the absolute necessity that no exceptions be granted in their application and enforcement.

When he did not encounter any serious opposition to his refusal to divest himself of his business interests in direct violation of the U.S. Constitution, his next move was an even more brazen attack on an even more fundamental principle enshrined in the Constitution: Religious Freedom.

Despite the public protestations of his PR puppets to the contrary, it is clear that Trump has targeted a group of people for “special treatment” based solely on their religion.  And, still the pillars of the Republican establishment remain eerily silent while Trump’s assault on our Constitution gathers in brutal strength and ugly resolve.

To those politicians who are too afraid (or too focused on the winds of their own political fortunes) to stand up for the rights of the individuals targeted by Trumps tirade of hate and bigotry, you may want to start asking yourself:

At what point does your continuing moral cowardice disqualify you and your party as worthy participants in the Democracy that your standard bearer appears bent on destroying?  Where is the line beyond which you will no longer stand in complicit silence to the atrocities this small-minded man is committing in your name?

Rest assured that it is a question that I and many other concerned citizens will be asking with ever increasing urgency in the troubled times that lay ahead.

 

 

Are Some More Equal Than Others?

by James P. Shafer, posted in Election, Emoluments Clause, Ethics in Government, Politics, Resist Trump

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.

Article 1, Section 9, Clause 8 of the United States Constitution is not some nefarious plot hatched by narrow-minded, bleeding heart Liberals intent on tripping-up our glorious new leader.

It was made an integral part of our Nation’s founding document specifically because the Framer’s of that document saw from personal experience how easily the loyalties and priorities of even the most honorable people could be swayed by the promise of personal gain resulting from official actions.

It has been part and parcel of the “job description” for every President aspiring to or holding our Nation’s highest office since George Washington.  Every one of those individuals, and most of their political appointees, have willingly complied with its strictures, often at great personal sacrifice.

As of January 20, 2017, we have, for the first time in our Nation’s history, a President who stands in blatant violation of this most basic of Laws as of his first day in office.  Although directly contradicted by some of the Country’s most accomplished legal and constitutional scholars, the man who would lead our “Nation of Laws” has unilaterally decided that THIS law, which he finds personally inconvenient, does not have to be obeyed by him.

There are many concrete examples illustrating why this particular Law is of crucial importance, especially given the situation in which we currently find ourselves:

As Commander-in-Chief of the U.S. Armed Forces, Trump has the authority to order the men and women who VOLUNTEERED to defend us all into harm’s way.  Those individuals should not have to wonder whether his orders are based on the need to defend our Country or based on the need to defend their Commander-in-Chief’s business interests.

For those of us whose main contribution to our Country is the taxes we pay, we should not have to wonder whether the relative pittance most of us have to cough-up every April 15 will have to compete in our government’s eyes with the influence conferred by the (recently doubled) initiation fee of $200,000.00 at the golf resort in Florida which just happens to have the same name as our newly elected head of state.

Perhaps even more central to the argument, though, is this: Throughout our Nation’s 200+ year history, we have prided ourselves on the premise that All Are Equal Before The Law.  Richard Nixon tried (and dismally failed) to make the argument that “If the President does it, it’s not illegal”.  So the flimsy moral and legal grounds upon which Trump bases his claim of immunity have already been soundly rejected.

Are we now to make a “special exception” to one of the key pillars upon which the success of the American experiment in open and honest governance has rested for over 200 years?

No matter what your personal opinions may be concerning the course and outcome of last year’s election, I think any rational citizen would have to concede that Trump is now the President.  For the good of the country he should at least be given the opportunity to govern.  I am personally willing to give him that opportunity AS LONG AS he is willing to do so in accordance with the laws of our Nation.

To faithfully discharge the duties of the office and to uphold the very values he swore to protect and defend when he took the oath of office on January 20, it is a requirement of the Constitution (which is, after all, the highest law in the land), that he divest himself, immediately and completely, of ALL his business interests.

Failure to do so amounts to nothing less than the betrayal of the Office and of the trust placed in the new President by the millions of Americans who voted for him.