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Tuesday, December 11, 2018

Sentencing Memos

  The four sentencing memos  published last week have enough material to fill a college course.  Let me give a few of my impressions which I have not heard from others.
        Chump continues to tweet about Mueller and his posse of angry Democrats.  Of course, that's a lie.  Let's look at the Cohen sentencing memo coming from the Southern District of NY.  This was not Mueller.                    Chump failed to nominate a US attorney for the Southern District after he fired Preet Bharara..  So the forty or so judges in the district unanimously agreed to appoint Geoffrey Berman, using an unusual provision in the law.  Berman is a lifelong Republican.  After being appointed, Berman recused himself from the Cohen matter, presumably because he had a conflict of interest.  So his deputy Robert Khuzami took over the Cohen investigation.  Khuzami is also a Republican. 
          Khuzami's sentencing memo was a blistering rebuke of Cohen's payment of hush money in order to help swing the election for Chump.  Most importantly the memo explicitly stated that Cohen acted at the direction of Chump (identified as individual one, who was running for president).  This means that Khuzami stated that Chump committed a crime.         In fact, the crime wasn't merely payment of  hush money, it was a conspiracy to commit the crime which makes it more serious than the crime itself.  There is no explanation why Chump was not indicted since the prosecutor said he committed a crime.  Maybe it was in keeping with the Justice Department policy that a president can not be charged with a crime.  Maybe Khazami buckled under the enormity of such an action. Or maybe, Chump got a little bit of a break because the republican U.S.  attorney could not bring himself to indict a republican president.  There should be no doubt in anyone's mind, however, that in official court documents the Justice Department has stated the Donald J. Chump has committed a serious felony.
        As is my wont, I watched coverage of the memos obsessively on MSNBC and CNN.  All of the commentators correctly stated that these memos were huge.  My problem with the commentators is that they repeatedly said that it looks like Mueller is wrapping up the investigation.  I don't think so.  The crimes committed by Cohen, Flynn and Manafort identified so far, by and large  are not related to Russian interference in the election and Russian conspiracy with Chump, his children and his son in law.  Nothing so far has touched on the infamous Trump Tower meeting.  Nothing has touched upon Chump's statement before the meeting that in the next week there would be a pile of information about Hillary.  The Tower meeting turned out to be a bust, and Chump did not deliver the goods as promised.  How can there be any doubt that Chump had advance knowledge of the meeting?  Chump had a personal interest in writing the false narrative about the meeting.  I believe that Mueller will eventually report far more facts about Chump's conspiracy with Russia than anyone outside of Mueller knows. I suspect that the redactions in the Flynn memo are explosive.  They almost certainly involve Russia. And for good measure I am willing to bet that Chump committed perjury when he answered Mueller's questions.
         The crime which may be charged is a conspiracy to cause harm to the United States. How is that for a sitting president?  Some might call it treason. Chump has attempted to destroy the institutions of government which make our country great.  The institutions are much stronger than this two bit criminal.
        I could go on with a college course of more things to say..  The problem is that our brains can explode with all of this stuff.  So I hope my little bit of analysis puts all of this into perspective.  As always, thanks for listening.

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