I Have Mixed Feelings About Trump Firing Sessions

(This caricature of Jeff Sessions is by DonkeyHotey.)

Attorney General Jeff Sessions has submitted his resignation on Wednesday. But make no mistake. This was not what Sessions wanted. He was fired by Donald Trump.

I have mixed feelings about Sessions being fired. He was not a good Attorney General. He was a racist who helped the Republicans to suppress voting by denying voting rights to many. And he was totally on board with Trump's war against immigrants and refugees (including the separation of children from their parents). He was an odious little man who should never have had that job.

But the real question is how will this affect the Mueller investigation of Donald Trump (and his family and cohorts). Will the new Attorney General try to fire Mueller or shut down the Mueller investigation?

I doubt that will happen. Trump is not the brightest bulb on the tree, but I think he realizes trying to fire Mueller or shut down the investigation would result in a massive and negative response for the public -- and could create a new charge of trying to obstruct justice.

What is more likely is to allow the investigation to be completed, and then suppress Mueller's report. The new Attorney General could claim nothing was found and the report should not be released. I believe that is a real possibility.

What happens then? Can the new Democratic House committee chairs subpoena the report? It's an interesting question.

Democrats Find Themselves In An Uncomfortable Position

(This caricature of Jeff Sessions is by DonkeyHotey.)

Jefferson Beauregard Sessions III is the Attorney General of the United States. That is not something that makes Democrats very happy. Sessions is a racist, a misogynist, a homophobe, a religious bigot, and a xenophobe (who finds nothing wrong with caging immigrant children). And he seems to have no interest in enforcing voter laws, environmental laws, or supporting reform of our criminal justice system. In short, he's a terrible Attorney General.

Donald Trump wants to fire him. But not for any of the things I listed above. Trump actually likes those things about Sessions, because they mirror his own attitudes and policies. He wants to fire Sessions because Sessions followed Justice Department regulations and recused himself from any investigation of what happened in the 2016 election -- turning that investigation over to his deputy (who appointed Robert Mueller to head an investigation).

Trump wanted Sessions to not recuse himself. He wanted Sessions to stop any kind of investigation into Trump regarding collusion with Russia (or any other crimes he may have committed). Since Sessions has not done that, Trump wants to fire him and replace him with someone who will try to stop or obstruct the Mueller investigation.

So far, Trump's lawyers and aides have talked him out of firing Sessions, but they believe he will do it anyway (although he may put it off until after the midterm elections).

This has put Democrats in a very uncomfortable position. They know Sessions is a terrible Attorney General, but they also know that as long as he stays in that office, the Mueller investigation is protected -- because Session's deputy has refused to stop or interfere in that investigation. This means they must protect the job of a man they despise (and truly believe is too incompetent and unqualified for the job he holds).

There may be a saving grace though. I think Trump has waited too long for firing Sessions to effectively stop the investigation. I think Mueller already has all (or most) of the information he needs, and currently is just dotting the i's and crossing the t's.

Also, if Democrats flip the House in the midterms, there is no way to stop Mueller's information from coming out. Even if a new Attorney General fired Mueller and blocked his report, House Democrats could just have him testify before Congress as to what he found.

Still, the best option is to protect Sessions from being fired. As bad as he is, any replacement appointed by Trump would likely be equally bad -- and as long as he's in office, the Mueller investigation continues. That doesn't make supporting that odious little man any easier though.

Trump & Sessions Have Painted Themselves Into A Corner

 (These caricatures of Donald Trump and Jeff Sessions are by DonkeyHotey.)

One of Donald Trump's biggest promises to his xenophobic base was to build a war between the United States and Mexico. But he has been unable to get Congress to fund the unneeded $25 billion dollar wall.

So Trump decided to change U.S. policy. He told Attorney General Sessions to start separating children from their parents at the border -- for both economic immigrants and asylum-seeking refugees. And Sessions happily complied. In effect, he is now holding these children as hostages to force Congress to give him his wall. And many of those children he is abusing are now being kept in a tent camp in the Texas desert under 100 degree temperatures (making his actions even more inhumane than it already was).

But Trump and Sessions miscalculated. They vastly underestimated the anger that ripping children away from their parents would create among the American public.

Trump has tried to mollify the public anger by claiming he is just following the law -- a law passed by Democrats. But that lie has been exposed by the media across the country (except for Fox News). There is no such law -- passed by Democrats or anyone else. If there was, past presidents would have had to separate children from parents, but none of them did. The barbaric action is not by law, but is a policy initiated by the Trump administration.

Sessions also lied about just following the law, and tried to hide behind religion by quoting the Bible. That outraged many religious leaders (including evangelicals). They made it clear that the Bible could not be used to justify the Trump administrations abuse of children.

By trying to blame Democrats for a nonexistent law and claiming to have god's support for their action, Trump and Sessions have waited themselves into a corner. They have put themselves between a rock and a hard place.

If they continue the horrific policy of separating children from their parents, they run the real risk of turning a November blue wave into a blue tsunami.

If they stop the policy, it would be an admission that they have been lying to the American people.

Trump (and his racist lackey) have done many horrible things since being sworn into office, but this abuse of children may be the worst -- the stupidest and most immoral.

Idiot Attorney General Declares War On Legal Marijuana (Including Medical Marijuana)

(Caricature of Attorney General Jeff Sessions is by DonkeyHotey.)

Republicans in the past have tried to get the federal government to do less, and leave more decisions to the state and local governments. The idea was that the government entities closest to the people could make the best decisions.

But today's Republican Party is different. They only believe state and local governments should make decisions when the Republicans disagree with national policies. But when the states and local governments disagree with Republican policies, they want the federal government to overrule them. It's the height of hypocrisy.

A prime example of this is Attorney General Jeff Sessions -- a longtime proponent of states rights. He has now decided that states don't have the right to legalize marijuana (even for medical purposes).

Here is how Alan Pyke reports it for Think Progress:

Attorney General Jeff Sessions will soon announce a crackdown on state cannabis legalization using federal law enforcement tools, according to the Associated Press.

Sessions was long expected to make such a move. He has criticized marijuana and its users in showy terms throughout his political career. Now, the AP reports, he is tearing up the so-called “Cole memo” that ensured an uneasy truce between anti-pot feds and pro-legalization states over the past few years. Written by an Obama-era Justice Department official, the policy meant federal criminal justice resources wouldn’t be used to interfere with legalizing states so long as they prevented cannabis from spreading outside their borders.

Many thought Sessions might just rip up the Cole memo immediately upon swearing in last year. Though he showed more patience than that, Sessions signaled repeatedly that it was a matter of when and how, not if.

He sent letters — some containing factual errors — to the leaders of four states with legal cannabis markets. He asked Congress to give him permission to prosecute medical marijuana companies, targeting an even older policy of federal non-interference with cannabis patients. Even with President Donald Trump making a big show of declaring opioid overdoses a public emergency that requires new resources to combat, Sessions made clear he was not interested in the research suggesting that cannabis can be an effective tool for opioid users to break addiction cycles.

The legalization, taxation, and close regulation of adult-use recreational weed has been a massive economic boon to the handful of states that have thusfar joined the experiment. Colorado alone saw $2.4 billion in economic activity and 18,000 new jobs from cannabis in 2015.

With California’s legalization regime kicking in officially this month, the total market for legal American cannabis is projected to top $20 billion in annual sales within the next decade. All those sales generate huge tax windfalls that help fund schools and other public services — a chain of positive reactions which Sessions would now wind around the necks of states that budget in anticipation of weed revenue.

Legalization has also made the drug safer by ending black-market transactionsand bringing users and growers into the light. The boom in investment and advanced industrial business practices within the cannabis realm since Colorado’s legalization experiment first launched will be a difficult thing to reverse, even for the Attorney General.
And this is not going to go over well with the American public (64% of whom support legalization).

The Trump Administration Threatens To Use Justice Department To Suppress Our Free Press

Our Founding Fathers knew that the representative democracy they created could not be sustained unless the people knew the truth, and they understood that could only be accomplished with a free and unfettered press. They thought this was so important that they included it in the First Amendment to the United States Constitution.

The Trump administration doesn't agree. Trump has repeatedly attacked the press through lies and propaganda. He thinks the press should only report what he wants them to report. Now the Trump administration is going further, as Attorney General Sessions is threatening to use the power of the Justice Department to suppress our free press. This is a dark time for truth and democracy.

This is what Dan Rather had to say about this new threat:

With all due respect, Mr. President and Attorney General Sessions, it appears you can't handle the truth. 

I understand that the press has been a mighty check on the lies, inconsistencies, and cynical ploys that have been coming out of this White House. I understand that it has led to public outcry and a wide ranging criminal investigation by a Special Counsel. I understand that much of this reporting has been based on leaks and unnamed sources, from inside the Administration and from especially the intelligence and law enforcement agencies. The exercise of a free and independent press has been the exact bulwark against a government in need of accountability - just as our Founding Fathers envisioned. I shudder to think where we would be without it today. 

So the news that the Justice Department is devoting significant resources to tracking down leaks and changing the rules to target the press is a chilling development. There are certainly times when an issue of great national security should not be shared with the public. And most of the journalism organizations I have known or been a part of take that responsibility very seriously. There are some cases where prosecuting leakers may - may - be warranted. But that is not what is going on here. The goal is very clear. The President has complained bitterly of leaks because he doesn't want to be questioned, even when he has been caught in lie after lie. 

“We respect the important role that the press plays and will give them respect, but it is not unlimited,” Mr. Sessions said. “They cannot place lives at risk with impunity.” That is true. So the question is, what lives have been put at risk with all this reporting? And with impunity? Please save us the disingenuousness. 

The free press is performing exactly as it needs to. And the proof of that is how seriously those who wish their actions remain undetectable consider the press to be their enemy. 

Most reporters I have known take a naked threat such as this as further inspiration to dig even harder to expose the truth. News, as I have said, is what the powerful want to keep hidden.

Loyalty Is A One-Way Street For Donald Trump

(These caricatures of Donald Trump and his Attorney General, Jeff Sessions, are by DonkeyHotey.)

There is no person outside of his immediate family that is more loyal to Donald Trump than Jeff Sessions.

Sessions was the first Washington politician to jump on the Trump bandwagon due the primary campaign, and he still supports all of Trump's policies -- even those viewed as ludicrous by most other people (like building a wall between the United States and Mexico). One would think that Trump appreciated someone as loyal to him as Sessions, since Trump has made it known that he values loyalty above all other attributes (more important than truth or ethics).

But that doesn't seem to be the case. Trump is currently engaged in a campaign to denigrate and drive from office the man he appointed as Attorney General. He has repeatedly tweeted his displeasure with Sessions, and even repeated that to the press in interviews and press conferences. Why would he do this to someone who has offered him nothing but complete loyalty?

He's doing it because Sessions did one honest thing -- he recused himself from participation in the investigation of whether there was collusion between the Trump campaign and Russian officials. He had to do that, because Justice Department regulations would not permit him to head an investigation which could be investigating his own behavior (since Sessions had meetings with Russians during the campaign).

It doesn't matter to Trump that government regulations demanded that Sessions recuse himself. For the narcissist in the White House, true loyalty means a person should be willing to defy government rules and regulations to defend Trump, and maybe even to break the law by obstructing a government investigation into wrong-doing. And Trump is willing to throw anyone under the bus who can't meet that unreasonable standard -- even those who have demonstrated their loyalty to Trump and his policies.

One has to wonder about the chilling effect this has on those working in the White House, those other members of Trump's cabinet, and Republicans in Congress. Are they going to be the next one to be tossed under the bus by Trump for some perceived slight? Is their loyalty going to be questioned in spite of their best efforts?

Obviously, for Donald Trump, loyalty is a one-way street. He demands it of others, but feels no obligation to return that loyalty. Frankly, I am shocked that someone as old a Trump doesn't realize that loyalty (like respect) is a two-way street -- it cannot be demanded unless it is also offered.

NOTE -- I am not a fan of Attorney General Sessions. I believe his support of and implementation of Trump policies will seriously damage this country. But I hope he doesn't resign. I fear that a replacement chosen by Trump would not just support those same odious policies, but would also be willing to ignore government rules and regulations and would be willing to obstruct justice on Trump's behalf.

Americans Don't Trust Sessions And Want Him To Resign

When Jeff Sessions testified under oath before Congress in his nomination hearings, he denied having any contact with Russian officials during the presidential campaign. He lied. We now know that he had at least two discussions with Russian officials.

Republicans are trying to excuse those lies -- saying he made an honest mistake (55% to 18%). They want him to remain in his office as U.S. Attorney General (62% to 17%). But their opinion is not shared by the American people.

Nearly half of Americans (48%) believe he was intentionally trying to hide his collusion with the Russians from Congress (and from the American people), while only 29% believe he made an honest mistake -- a difference of 19 points. And that opinion is shared by both genders, all age groups, and all racial/ethnic groups.

And because he lied to Congress (while under oath), a healthy plurality (43%) now believe he should resign his post. Only 30% say he should not resign -- a significant difference of 13 points. Only one group (those over 65) believe he should stay in office.

It was bad enough that Sessions had a history of racism, but now that he has blatantly lied to Congress, the people no longer trust him to fairly execute the laws of this country. Far more believe he is unfit to serve as the nation's top law enforcement officer than believe he is fit. I agree with them. The leader of the Justice Department must be someone who can be trusted, and Sessions has shown he cannot be trusted.

The charts above were made from information in a recent Economist / YouGov Poll -- done on March 6th and 7th of a random national sample of 1,500 adults (including 1,359 registered voters), and has a 3.4 point margin of error.

Sessions Violated Law By Lying Under Oath To Congress

18 U.S.C. § 1621 : US Code - Section 1621

Whoever - 

(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or 

(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States. 

During the hearings before a Senate Committee regarding his nomination to be Attorney General, Jeff Sessions broke federal law. He had sworn to tell the truth, but lied to the committee -- telling them he had no contact with Russian officials during the campaign, even though he had two such contacts (at least). That is perjury.

What would happen to you or I, or any ordinary citizen, if we lied under oath to Congress? We would be heavily fined or sent to prison for up to 5 years, or both. And that's what should happen to Sessions. He has recused himself from investigations regarding the links of the Trump administration to Russian officials, but that's not good enough.

This is a nation of laws -- and no person is above those laws (not even the president or other government officials). Sessions should be treated like any other American citizen would be treated. He should be charged with a crime and indicted for breaking federal law -- then tried before a jury of his peers. And he should, at the very least, resign from his job as Attorney General. We should not have a lawbreaker occupying that important office.

Trump Administration Is At Odds With Public On Marijuana

I'm unsure just where Donald Trump stands on legalization of marijuana (since he's flip-flopped on the issue several times), but he picked an Attorney General that opposes it. Jeff Sessions has said "only evil people use marijuana", and said in an interview last week:

“I would just say it does remain a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not.”

This meshes with the rumors coming out of the administration that the Justice Department, with Sessions at its head, is going to more forcefully crack down on marijuana possession and use -- even in states where its use has been legalized (both for medical and general use).

That would be a mistake, and would once again put the Trump administration in opposition to what the majority of Americans want. As the top chart shows, about 59% (nearly 6 out of 10) think marijuana should be legal. Only two groups (those over 65 and Republicans) want marijuana to remain illegal. All other groups want it legalized.

And when it comes to cracking down on states that have legalized it, the numbers go up sharply. About 71% say the federal government should not do that, and all groups agree with significant majorities -- including those over 65 (60%) and Republicans (55%).

I would think the administration (and the Republican Congress) are going to have enough trouble with the public over their plans to cut taxes for the rich, repeal Obamacare, Privatize Medicare, and cut Social Security benefits. It makes no sense that they would add another unpopular move to those they already have. But then the Republicans haven't made sense in a very long time.

The charts above were made from information in a recent Quinnipiac University Poll -- done between February 16th and 21st of a random national sample of 1,323 voters, with a 2.7 point margin of error.

The Letter Republicans Didn't Want Read In The Senate

As the Senate was debating the nomination of Jeff Sessions to be the new attorney general, Senator Elizabeth Warren spoke in opposition, and tried to read a letter written by Corretta Scott King (the wife of Dr. Martin Luther King, Jr.). Mrs. King wrote the letter in 1986 in opposition to Sessions being considered for a position as a federal judge (a position the Senate denied him).

But the Majority Leader of the Senate decided that the truth about Sessions must be prevented from being revealed, and he accused Warren of impugning the conduct or motives of a fellow senator. He refused to allow Warren to continue reading the letter, and called for a vote of senators to prevent her from doing so. On a 49 to 43 party line vote, Warren was refused the ability, not only to read the letter, but to speak at all on the Sessions nomination -- a shameful action by Republican senators.

Here is Mrs. King's 1986 statement that Republicans didn't want to be made public:

NOTE -- After Senator Warren was silenced, Senator Jeff Merkley took the floor and read the letter without interruption. McConnell and his GOP cohorts did nothing after being so roundly criticized (in both the mainstream and social media) for stopping Warren.

Law School Faculties Oppose Sessions As Attorney General

The following open letter to the U.S. Senate is signed by 1,226 faculty members of 176 law schools in 49 states. You can go here to see all the signees. Here is the letter:

The Honorable Charles E. Grassley
The Honorable Dianne G. Feinstein

United States Senate Committee on the Judiciary

Dirksen Senate Office Building

Washington, D.C. 20510

Dear Chairman Grassley and Ranking Member Feinstein:

We are 1226 faculty members from 176 different law schools in 49 states across the country. We urge you to reject the nomination of Senator Jeff Sessions for the position of Attorney General of the United States.

In 1986, the Republican-controlled Senate Judiciary Committee, in a bipartisan vote, rejected President Ronald Reagan’s nomination of then-U.S. Attorney Sessions for a federal judgeship, due to statements Sessions had made that reflected prejudice against African Americans. Nothing in Senator Sessions’ public life since 1986 has convinced us that he is a different man than the 39-year-old attorney who was deemed too racially insensitive to be a federal district court judge.

Some of us have concerns about his misguided prosecution of three civil rights activists for voter fraud in Alabama in 1985, and his consistent promotion of the myth of voter-impersonation fraud. Some of us have concerns about his support for building a wall along our country’s southern border. Some of us have concerns about his robust support for regressive drug policies that have fueled mass incarceration. Some of us have concerns about his questioning of the relationship between fossil fuels and climate change. Some of us have concerns about his repeated opposition to legislative efforts to promote the rights of women and members of the LGBTQ community. Some of us share all of these concerns.

All of us believe it is unacceptable for someone with Senator Sessions’ record to lead the Department of Justice.

The Attorney General is the top law enforcement officer in the United States, with broad jurisdiction and prosecutorial discretion, which means that, if confirmed, Jeff Sessions would be responsible for the enforcement of the nation’s civil rights, voting, immigration, environmental, employment, national security, surveillance, antitrust, and housing laws.

As law faculty who work every day to better understand the law and teach it to our students, we are convinced that Jeff Sessions will not fairly enforce our nation’s laws and promote justice and equality in the United States. We urge you to reject his nomination.

Sincerely,

NAACP Urges Opposition To Sessions As Attorney General

The following is an open letter from the president of the NAACP to members and friends of the organization:

I'll be blunt:

Senator Jefferson Beauregard Sessions is among the worst people who could serve as our nation's Attorney General.

His records on voting rights, criminal justice reform, and the civil rights we've fought for over the last century are unreliable at best. He is actively hostile to protecting our voting rights, and has a record of racially offensive remarks so bad that he was denied a federal judgeship because of them. 

Today, we took a stand in his home state of Alabama: we organized demonstrations in Mobile, Birmingham, Montgomery, Dothan, and Huntsville to protest his nomination and demand he withdraw from the confirmation process.

How can a man like this be trusted to uphold justice for all of us — especially now, at a time when we're facing some of the worst civil rights crises of our lifetime?

The Attorney General is the chief law enforcement officer of the United States. That means they have the last word on police brutality and voter suppression — two issues Senator Sessions has refused to admit exist. Our lives truly hang in the balance. 

For nearly 20 years, every single year, Senator Sessions has received an F on our federal legislative civil rights report cards. He has voted against our policy positions nearly 90 percent of the time. He cheered when the Voting Rights Act was gutted and has shamelessly voted against federal hate crime legislation four times between 2000 to 2009. 

We can stop him from taking away our rights. Contact your senators RIGHT NOW and urge them to vote to REJECT Sessions' nomination on January 10.

We only have a few days left to change the course of our nation's history. Please make sure your senators hear from you today.

In solidarity,

Cornell William Brooks
President and CEO 
NAACP