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Constitution

Senior Retired Military Dissenters: Patriots or Rogues?

General James Clapper, Jr., Former Director, National intelligence (April 2017)

 

Are they fomenting revolution?

Bu Dr. Larry Fedewa (July 7, 2020)

(Washington DC) — There have recently been calls from retired senior officers for active commanders to disobey a presidential order to use federal troops to assist local law enforcement in establishing law and order in some of America’s cities should such an order be given.

The first such call came from James Mattis, Trump’s one time Secretary of Defense, who is also a retired Marine Corps General. He was followed by retired General John Kelly, former Trump Chief of Staff, and Admiral Michael Mullen, Obama Chairman of the Joint Chiefs, and several others.

The Hoover Institute’s Victor Davis Hanson wrote a detailed critique of the remarks of several of the most prominent retired senior officers for the National Review (June 2020) which began with this statement:

In a time of crisis, their synchronized chorus of complaints, falsehoods, and partisan appeals to resistance threaten the very constitutional order they claim to revere.” (ibid)   Keep Reading

What the hell is going on?

Miami, Fla (May31, 2020)

Stealing, burning and shooting have nothing to do with the murder of a poor civilian!

 

By Dr. Larry Fedewa

(Washington DC, May 31, 2020) There’s hardly a need for another rant about the need for law and order to fight the chaos America has seen the last few nights. So, I will ask another question,

Where were the police?

In city after city, the rioters are being allowed to ravage whole neighborhoods with not a cop in sight. Even though most cities have access to their National Guard, none were used even to limit, let alone stop the mayhem. Here in Washington DC, the Secret Service were out in force to protect the White House – which they did — so the crowd was moved on to wreak havoc elsewhere.

Other cities do not have a Secret Service, but they do have other outside resources including the State Police and the National Guard. Minnesota actually called in the State Police, as presumably other states did also. So, where were they when the trouble started? Are we facing a national revolt by police departments in addition to all our other problems? If so, they aren’t telling anyone. Keep Reading

Will America 2.0 see a revaluation of labor?

Has COVID-19 softened Labor/Management relations?

By Dr. Larry Fedewa        Washington DC, April 26, 2020

Entrepreneur extraordinaire Mark Cuban has coined the term, “America 2.0” to designate the new realities Americans will face as a result of the COVID-19 quarantine. One of those realities has been the highlighting of the interdependence of labor and management required to attain a successful business. In case after case, we have heard employers and business owners discuss the extreme measures they have undertaken to reduce the burdens on their employees as they face loss of wages and even employment. Their pleas for help have finally penetrated even the hallowed halls of Congress and the Federal Reserve.

Many are learning the lessons that John Mackey discusses in his account of the time when his Whole Foods store would have failed if not saved by the efforts of his loyal employees, suppliers and customers. (Conscious Capitalism, 2013) He discovered that the fate of his business was really in the hands of all those whom he had served so diligently. They had repaid his loyalty to them by proving they were also stakeholders in his company.

This is the prism through which we are looking at the topic of this discussion. Clearly, there are external factors as well. Before the pandemic, we were very close to a labor shortage. We were hearing pleas from recruiters to retirees and other pools of unattached workers to rejoin the workforce. Hiring and retaining a competent workforce was becoming a high priority in some industries, and critical in others. The usual effect of such a situation is an increase of the enticements to candidates or employees to hire or retain their services, including bonuses, higher wages, and enhanced benefits.  Keep Reading

Notes from Senate Impeachment Trial – #2

Speeches over; questions next

By Dr. Larry Fedewa (January 28,2020)

Some impressions as the trial completes phase one and prepares for phase two:

  1. The first take-away is the comparison between the two presentations. The House speakers were on a mission and they showed it. They were obviously playing to the television audience more than the senators. Their rhetoric was graphic, at times crude (particularly Mr. Naylor). Their tone was passionate, sometimes angry. Their body language was tense. The exception was Mr. Schiff, who proved himself an effective and articulate advocate, who appeared convinced and convincing, especially in his opening summary. In his final speech, however, some of the earlier polish seemed to have worn off as he spoke of the President in personal and insulting terms, dripping with hatred.
  2. The President’s team overall was much cooler in manner, with the exception of Mr. Sekulow, who supplied the passion, sometimes slipping into anger. White House Counsel Patrick Capilione was quietly and rationally effective, in the sharpest contrast to the House team. I found his manner more effective than Sekulow’s. Anger in the Senate chamber seemed a bit out of place.

In terms of the arguments on their merits, I, like many others, found the House case full of assumptions, presumptions and very weak. Of course, I had the same reaction to the original testimony, so my reaction was not surprising that I reacted to the trial presentation which was derived from and actually re-used large portions of the House footage.

The basic issue was the definition of “crime”. The House wants to call such terms as “abuse of power” and “obstruction of Congress” crimes meeting the standard of the Constitution. That standard is admittedly brief – “treason, bribery and other high crimes and misdemeanors”. However, the application of common sense to this description, as pointed out by the founders’ commentary, demands that “crimes” must be specific and provable. Otherwise, the charge is simply a matter of opinion and therefore indefensible. Such are the terms of the current articles approved by partisan House.

The President’s team had their moments. Particularly damning was the recitation of the case against Joseph and Hunter Biden. Three lawyers split the presentation into Overview (Sekulow), Facts (Pam Bondi) and Conclusions (Eric Herschmann). It is hard to believe that the elder Mr. Biden can continue to attract support for his presidential bid after such a graphic, detailed and public recitation of the case against him.

Also notable was the presentation of Alan Dershowitz, who spoke to the constitutional standard of impeachment. His explanation was replete with citations and quotations and delivered in such a rapid-fire style that it was like trying to get a drink from a fire hose. The prominence of the speaker, however, added a certain level of authority to the argument. In view of his status as a lifelong Democrat, it is doubtful that his performance swayed any Democrats.

Today’s defense of the President ended with a plea to the Senators from Mr. Capilione to preserve for the American people the right to vote for their president, and to vote “for what in your heart you know is right”. As one of the commentators observed, however, politicians rarely vote what is in their hearts, preferring to vote for their best political advantage – a cynical remark which is unfortunately all too often true.

The overall impression of this entire exercise appears to be a gigantic waste of time and resources because the entire body of the Senate knew the outcome before the whole drama began. Namely, they will almost all vote the party line, and nothing said in this whole charade will change more than a few votes.

The only true exceptions to this outcome will be those politicians who believe that they cannot be re-elected if they vote with the party or have already decided not to run again. This whole business has to be changed to accurately reflect the momentous responsibility involved in an impeachment vote for both the immediate present and future American generations. I don’t know how that can be accomplished, but it is imperative that this process not be allowed to destroy America’s electoral process.

 

© 2020 Richfield Press. All rights reserved.

Notes on Senate Impeachment trial – #1

The rules for impeachment must be changed

by Dr. Larry Fedewa (January 22, 2020)

Some notes on the early stages of the Senate impeachment of President Trump:

A. Definitions: “crime”, “evidence”

a. It appears that the most basic differences between the two sides in the impeachment trial revolve around the definitions of two terms: “crime” and “evidence”.

b. The President’s team insists that the Constitution language “bribery, treason and other high crimes and misdemeanors” requires that impeachment can be carried forward only if there is an act which breaks a recognizable law, in other words, a “crime” as normally defined. This can be considered a technical definition of “crime”. Keep Reading

This must not stand! (continued)

The rules for impeachment must be changed to save the Republic

By Dr. Larry Fedewa (January 14, 2020)

In my last column of this topic, I urged the President to sue the House of Representatives for malfeasance on the basis of two unconstitutional actions with regard to the recent articles of impeachment passed by the House:

1) denial of due process as protected by the Fifth and Fourteenth Amendments in a procedure which, if upheld by the US Senate, would inflict irreparable harm on the plaintiff by depriving him of his livelihood, reputation and public office, and

2) by re-defining the Constitutional designation of “high crimes and misdemeanors” as the sole rationale for impeachment to include

  1. a) allegations based on hearsay evidence which are too broad to be provable (“abuse of power”) and
  2. b) designation of the time-honored practice of Executive Privilege as “obstruction of justice”.

Keep Reading

This cannot stand!

The highest law

of the land is the

Constitution, 

not the House of Representatives

By Dr. Larry Fedewa (December 20,2019)

The prevailing rationale for the entire impeachment procedure has been that the House of Representatives is the ultimate authority governing the impeachment process. Forgotten in all the blather about the actions of the House is the fact that the highest law of the land is not the will of the House but the Constitution of the United States of America. The Fifth and the Fourteenth Amendments to the Constitution explicitly grant to every citizen of this Republic the inalienable right to due process, including the right to face his or her accuser and the right to defense in a court of law.

The “due process amendments” apply to the President of the United States as well as all others. The House denied those rights in this case. The President should file forthwith a lawsuit against the House asking the court to set aside the entire procedure. Likewise, the Senate should refuse to consider the House action until the Supreme Court renders its verdict.

Why is this important? Because the precedent set by this House action portends the doom of our democracy. The House has proven that no elected official is safe from unlawful dismissal from office by the majority vote of the opposition party. In this case, the Democrat majority has unlawfully indicted an American President duly elected by the people without any semblance of due process as established by law and custom.

In addition, the action resulted in re-defining “high crimes and misdemeanors” to include actions which are not crimes by any accepted practice. In this case, “abuse of power” is not a criminal offense because it is simply too vague to be provable. Likewise, the exercise of Executive Privilege is customary and has been accepted practice for the entire history of the Republic.

Consider the consequences of this current action. All that stands between this President and his removal from office is the incidental fact that his party controls the Senate. Suppose he wins reelection but that the opposition party wins control of both Houses of Congress. The current House of Representatives has proven that partisan politics is the primary factor in the decision as to whether or not to vote for his removal from office. Otherwise, there would have been bipartisan support for the House action. This partisan loyalty was also proven in the Clinton case, when both Houses of Congress voted along party lines. It is therefore reasonable to assume that all actions of impeachment and removal will continue to be governed by partisan loyalties.

Back to our example then. Having failed to remove the President from office the first time, it is entirely predictable that the Democrats would try a second time. This time the Senate would convict. Then suppose the President refused to leave office voluntarily and instead, as Commander-in-Chief, he called up the Army to declare martial law and arrest the Democrat members of Congress. Presto: we are now a “Banana Republic” where the military controls the government and dictatorship is a whisker away. Democracy rapidly becomes a thing of the past. No office is safe from partisan impeachment including Supreme Court Justices.

We cannot let this happen. But, if the current House impeachment is allowed to stand, our democratic elections are doomed to fall.

© 2019, Richfield Press. All rights reserved.

Today’s impeachment hearing

Bias among the elite

By Dr. Larry Fedewa (December 4, 2019)

The first House Judiciary hearing featured three professors in favor of Trump impeachment, one against. The three anti-Trump witnesses elaborated their definitions of “high crimes and misdemeanors” and all came to the conclusion that Mr. Trump was guilty as charged of the three principal charges advocated by the House Intelligence Committee report on its “investigation”, namely, bribery, obstruction of justice, and abuse of power.

Jonathan Turley, the lone expert opposed to impeachment, advocated caution and against proceeding with the current case because it has no solid evidentiary basis and no bipartisan consensus of wrongdoing – hallmarks of the previous two modern cases of impeachment. As expected, the questioning was conducted along partisan lines. Keep Reading

What have the Dems’ impeachment hearings revealed so far?

Interesting but irrelevant

By Dr. Larry Fedewa (November 16,2019)

The much-publicized hearings of the House Intelligence Committee began last Wednesday with three high ranking State Department officials over two days. The hearings revealed two things: 1) how deep the “Deep State” goes, and 2) how shallow the Democrats’ case against President Donald Trump really is.

The Deep State 

There are thousands of honest, hard-working people in the federal bureaucracy, who toil conscientiously every day to do the jobs they have been assigned. Among them are the first three witnesses called by Chairman Adam Schiff (D-CA) to lead off the public testimony phase of his impeachment inquiry.

Their testimony demonstrated just how deep the “Deep State” goes by revealing its characteristics. These people are sincerely dedicated to what they perceive as the official policies of the United States government. The fact that the policy they are dedicated to has been crafted by the senior career officers of their department is simply beyond their grasp. They believe and earnestly defend the un-Constitutional premise that foreign policy should be non-political and that all key decisions and staff should reflect an ongoing strategy and practice which transcends the comings and goings of politicians.    Keep Reading

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