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Rant 793: Reflections on a Convicted Felon

6/11/2024

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​“We could very well have a sitting president under felony indictment and ultimately a criminal trial,…It would grind government to a halt….It would create a constitutional crisis….She [Hillary Clinton] has no right to be running, you know that. No right.”
-- Donald Trump, November 5, 2016, at a campaign rally in Reno, Nevada
 
Hmmmm.
 
Now that Donald Trump, the felonious former president/criminal presumptive Republican nominee, has finally been brought to account after decades of flouting both the law and common decency, here are some takeaways from this unprecedented event:
 
Character Counts. It certainly did for the Founding Fathers. The notion that an absolute scoundrel could ascend to high office was totally absent from their experience and their core assumptions. This should never have happened and likely would not have had Trump not paid off Ms. Daniels for her silence nor urged David Pecker and his scandal sheets to play “catch-and-kill.” Tragically, despite Trump being a convicted felon, this could happen again.
 
Competitive Sycophancy.  It is nauseating to watch the spineless doormats and jerk chickens who comprise today’s Republican political class push to be first in front of the cameras in order to bend their knee to kiss Trump’s ring—or whatever—following his conviction. History surely will not treat these sorry excuses for leaders with any sympathy. Neither should their constituents.
 
Attorneys Should Know Better. The American Bar Association’s Rules of Professional Responsibility are quite clear that, as officers of the court, attorneys must respect and uphold the system of justice and rule of law, both in their actions and words. The incendiary comments about rigged cases, corrupt judges and district attorneys, etc. emanating from members of Congress who happen to be lawyers make a mockery of the ABA Rules, which become enforceable only when state bar regulators adopt them (virtually every state has done so). The vile comments about the judicial system by Speaker Mike Johnson, Senators Lindsay Graham, Ted Cruz, Josh Hawley, Marco Rubio and others of their ilk have all violated these rules. State bars might want to examine their conduct.
 
The Utter Irrelevance of Merrick Garland. Unfortunately, the Attorney General is proof positive that a judge should never be appointed chief U.S. law enforcement officer. Too much judicial temperament is a bad basis for swift action. It took Garland years before he appointed a special counsel to investigate Trump, thus setting the stage for the egregious delays in bringing both the January 6 case and the stolen classified documents case. Both of these should have gone to trial long ago. What was timorous Merrick waiting for? Now the American people may never see justice done.
 
A Proper Punishment? Despite Trump’s richly deserved future behind bars wearing a onesie matching his hair color, Judge Merchan is highly unlikely to toss His Nastiness in the slammer. One possible alternative sentence is community service. How about several hundred hours picking up roadside trash along the West Side Highway or FDR Drive?
 
It Never Ends With This Guy. ProPublica recently published a detailed report claiming that at least nine witnesses in the many criminal investigations involving Trump have received dazzling financial benefits: severance packages; raises; new and better jobs; or shares and cash from Trump's media company. Donald Trump's legal team, in a major freak-out panic mode, reportedly sent a cease-and-desist letter to ProPublica in an attempt to stop the investigation from being made public. Add witness tampering to Trump’s unending litany of legal transgressions.
 
Dick Hermann
June 11, 2024

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    Author

    Richard Hermann is the author of thirteen books, including Encounters: Ten Appointments with History and, most recently, Mother's Century: A Survivor, Her People and Her Times. Soon to be released is his upcoming Close Encounters with the Cold War, a personal reflection on growing up in the nuclear age. He is a former law professor and entrepreneur, and the founder and president of Federal Reports, Inc., a legal information and consulting firm that was sold in 2007. He has degrees from Yale University, the New School University, Cornell Law School and the U.S. Army Judge Advocate General’s School. He lives with his wife, Anne, and extraordinary dog, Barkley, in Arlington, Virginia and Canandaigua, New York.

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