the logan act (with optional pirate stuff)

Right, there goes Michael T. Flynn, out the back door of the Trump White House. Now that we’re finished applauding his resignation, folks are wondering about a couple of things. First, can he be prosecuted under the Logan Act? And second, should he be prosecuted.

There are, of course, problems. At least three problems. The first is the Logan Act is of questionable constitutionality. It’s never been really tested in court; nobody has ever been prosecuted for violating the Logan Act. Not even George Logan, after whom the law was named. The second problem is more political. The recently appointed Attorney General of These United States is Jefferson Beauregard Sessions III, who is undoubtedly tickled pink that the Logan Act is of questionable constitutionality. It gives Sessions the perfect opportunity to practice looking severe without having to actually do anything. The third problem is this: just what the fuck IS the Logan Act, and what was it intended to do?

The Logan Act is a perfect example of how history, which can be singularly cool, has a reputation for being mind-numbingly dull. I mean, we’re talking revolutions and piracy on the high seas — and that’s some seriously exciting shit, right there. But reading the Logan Act — well, it’s not long enough to actually put you to sleep, but it’ll make your mind wander. Anyway, here’s the history.

Not actually a French ship attacking a US merchant, but c'mon -- it's pirate stuff.

Not actually a French ship attacking a U.S. merchant vessel, but c’mon — it’s pirate stuff.

We (and by ‘we’ I mean ‘These United States’) had us a revolution. I’m assuming you already know this. A few years later, France had its own revolution. France had been pretty helpful to our revolution and they quite understandably expected the new U.S. to give them a reach-around. We didn’t — at least not to their satisfaction. So France got pissy and authorized French ships to plunder American merchant ships. President John Adams sent some envoys to France to straighten out the mess. The French listened to their arguments, then politely told the envoys “S’il vous plaît, uriner une corde.” Or words to that effect. The envoys returned to the U.S., reported they’d failed miserably, then went to a bar and made rude remarks about the French (I’m not entirely sure about that last bit with the bar and rude remarks, but it’s what I would have done if the French had told me to go piss up a rope).

Enter Dr. George Logan, a Philadelphia Quaker. Logan decided he couldn’t screw things up any worse, so he sailed to France, chatted with Charles Maurice de Talleyrand-Périgord and the good folks of the French Directory — and hey, bingo, the French changed their minds and stopped the plundering. Yay, sounding of trumpets, release of doves, everybody wins, right?

Dr. George Logan, Quaker and Freelance Diplomat.

Dr. George Logan, Quaker and Freelance Diplomat.

Right. Except for the politicians back in the U.S. who weren’t happy with civilians conducting unauthorized negotiations with foreign governments. Which is perfectly understandable. I mean, George Logan might have done a fine job, but the next guy might get us in a war. So they passed the Logan Act to prevent that sort of thing from happening again.

It’s easy to see why nobody has been prosecuted under the Logan Act. Back in the late 1700s, civilians could get away with pulling shit like that. Today, that’s not going to happen. Ain’t no Quaker going to show up on Pakistan’s doorstep (even if Pakistan had a doorstep, which it doesn’t) and negotiate a nuclear arms deal. And if General Michael Flynn had been an ordinary citizen, nobody in the Russian embassy would have paid any attention to him when he discussed the sanctions imposed on Russia by President Obama.

But that’s exactly why the Logan Act could be used in this case — because General Michael Flynn was NOT an ordinary citizen. He was an advisor to the President-Elect. He was expected to become President Trump’s National Security Advisor. He had influence and power, and even though he had no authority from the sitting POTUS, he had presumptive authority from the President-Elect.

Assuming Flynn actually did discuss lifting Obama’s sanctions on Russia (and since the transcripts of Flynn’s calls haven’t been made public, we can’t know that for certain), then he was a nominal civilian with enough influence to effectively undermine an action taken by the President of These United States. That’s a big fucking deal, and it’s exactly the sort of thing the Logan Act should be used to deter.

It’s absolutely worth testing the constitutionality of the Logan Act in this case. But somehow, I doubt the pixie-eared Attorney General will do that.

this motherfucker must go

I’m sorta kinda grateful for General Michael T. Flynn, Comrade Trump’s current National Security Advisor. I mean, yeah, the guy is unfit for the position — but so is just about everybody in Trump’s Cabinet of Nazgûl. But Flynn is doing something that really, truly needs to be done.

He’s resurrecting the Russians Helped Elect Trump story. Which is basically the Trump is an Illegitimate President story. And that’s a story that desperately needs more attention.

How is Flynn doing this? He’s using the traditional all-purpose Comrade Trump approach: incompetence bolstered by lying. There was a time when Gen. Flynn was a big hat in the intelligence community. He spent his entire Army career in intelligence, he’s held dozens of high-ranking intelligence positions, ending up as the Director of the Defense Intelligence Agency. Those are some serious intelligence chops.

Then he got himself fired for being an aggressive conspiracy crank. Well, not actually fired. He was encouraged to retire. His own aides coined the term ‘Flynn Facts’ to describe the crazy shit Flynn believed and would talk about. Also, nobody liked working with him, not just because of the crazy shit but because he was also apparently an annoying dick. Plus they thought Flynn was a tad sloppy with keeping government secrets actually secret. So they invited him to pack his bags and see what it was like to be a civilian again.

flynn

So Flynn bought a ticket on the Trump train. It didn’t hurt that Flynn, like Comrade Trump, had a crush on our boy Vlad Putin. That brought Flynn an invitation to visit Moscow and sit at the same table with Putie during an anniversary celebration of RT (which is basically the Russian government’s pet news agency). Shortly thereafter, Flynn began to appear regularly on RT as an analyst.

So here’s a guy who’s spent his entire career dealing with military secrets, who’d become a conspiracy nut, who was known to be lax with secret, now working for a Russian news agency at the same time he’s working for Trump’s presidential campaign at the same time Russia is interfering with the US election process in order to help Trump get elected.

That’s bad. But it gets worse. After it became public knowledge that the Russians helped elect Trump, President Obama booted a whole bunch of Russians out of the country. Every single time there’s been an international dispute resulting in Russian embassy staff getting the boot, Russia has retaliated in kind. Yet in this case, Putie decided to do exactly nothing. Étonnant! Incroyable! 

It was so astonishing and incredible that the U.S. intelligence community got curious, and began doing all that shadowy techno-shit that spy agencies enjoy so much. And hey, they discovered that after the expulsion of Russian diplomats, Gen. Flynn had made contact with Sergey Kislyak, the Russian ambassador to the U.S.

So these folks asked Flynn the obvious question: “Dude, did you and Sergey chat about those sanctions?” To which Flynn replied, “What? Me? No, c’mon.” The intelligence community said, “No, seriously dude — did y’all talk sanctions?” And Flynn was all “What did I just say?” And then big hats in the Republican party also found it necessary to ask those questions. “Dude, we need to know if you chatted about this stuff with the Russkis,” to which Flynn replied “No fucking way would I do that.” The GOP big hats (including Vice President Pence and Reince Preibus) felt the need to ask one more time. “Seriously? You didn’t discuss this at all? We’re asking on account of we have to go on all the Sunday talk shows and we don’t want to be seen as lying.” Flynn reassured them. “Would I lie to you?”

Gen. Michael Flynn, it turns out, would totally lie to them. Of course, he would. And he did. This is the Trump administration, after all. These weasels would lie about how many slices of pepperoni are on the pizza. Both the NY Times and the Washington Post report that multiple sources — multiple sources, you guys — that Flynn is lying his three-star ass off. He did, in fact, discuss the U.S. sanctions.

Not just that, but he apparently told the ambassador that once Comrade Trump was in office, the sanctions would disappear. Think about that. Russia helps Trump get elected by fucking with the election process, the president punishes Russia for fucking with the election process, Comrade Trump’s advisor — the guy is going to become the National Security Advisor — tells Russia the punishment will be lifted. How fucked up is that?

flynn-and-trump

All this comes at the same time we’re learning more information about that Trump ‘dossier’ put together by a former MI6 operative. You know — the dossier with the story of the big bladder Russian hookers. That one. We’re hearing the U.S. intelligence community is pretty much confirming ‘parts’ of that dossier. Not the pissing business, don’t get your hopes up. No, they’re confirming the bits that suggest the Trump campaign colluded with Russian intelligence services to damage Hillary Clinton’s campaign.

Got it? After a lifetime of handling U.S. spy stuff, Flynn is pushed into early retirement. He becomes Trump’s baggage handler. He gets a gig with the Russian government’s pet news agency. Russia begins colluding with the Trump campaign to kick Clinton to the curb. Trump gets elected. President Obama punishes Russia. Flynn talks to the Russian ambassador and agrees to remove the punishment after Trump is inaugurated. Flynn lies about doing that. It really leads to one inescapable conclusion.

This motherfucker must go.

Oh, and there’s this: as of right now, Comrade Trump hasn’t addressed the issue of Flynn’s lies. When he does, I suspect Trump will lie about it.

Update: Gen. Flynn has resigned. In his resignation letter he states he “inadvertently” briefed VP Pence with “incomplete information”.

There are still a couple of issues that need to be considered and addressed. First, will Flynn be prosecuted under the Logan Act, which makes it illegal for a citizen to engage in “any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.”

Second, what did Comrade Trump know about this, and when did he know it?

snow, the cat, and some buddha stuff

Snow probably makes me a better Buddhist. I’m not sure I’m happy about that.

I mean, there’s the expected Buddha stuff you’d associate with snow. The stillness. The tranquility. The beauty of falling snow, of drifting snow, of snow whirling in the wind, of the purity of snow. Snowfall can be very contemplative.

all-that-pretty-snow

But eventually there comes the dull, monotonous, tedious, sometimes painful reality of dealing with the snow. Snow has to be moved. It has to be cleared from driveways and sidewalks. That means shoveling. Or — and this is SO much worse — if the snow is too deep to shovel, cranking up the snowblower. A noisy, smelly, hateful, but fairly effective machine. It’s faster and probably more efficient, but I fucking hate the snowblower.

However, I don’t hate shoveling. Okay, that’s a lie. I do hate it. I hate it and I appreciate it. You know that hauling water/chopping wood thing that Buddhists like to talk about? Before enlightenment, chop wood, carry water. After enlightenment, chop wood, carry water. You hear that all the time when you’re first noodling around with Buddhism. What does it mean? It means whether you’re enlightened or not, shit has to get done. A big chunk of Buddhism is about how you approach getting shit done.

Hardly anybody I know has to do much hauling and chopping, but I know a lot of folks who have to deal with snow. Shoveling snow is physical labor. I am not a fan of physical labor. If there was any point at all to having spent four years in military harness, it was to get Uncle Sugar to pay my way through college so I could get a job that didn’t involve sweating, lifting heavy things, or anything approaching actual labor. Shoveling snow is as close as I get to manual labor, for which I am ever so grateful.

This is where the Buddha stuff comes in. One of the things Buddhism teaches you (or tries to) is that if you do a thing, you do that thing. That’s it. You do that thing and you do it well. You do it mindfully. You don’t cut corners, you don’t do it half-assed, you don’t rush, you don’t complain. You don’t think about what you’re going to have for lunch, or fret about whatever fresh hell Comrade Trump has inflicted on the world, or debate the relative merits of Crazyhead compared to Buffy the Vampire Slayer. You just do the damned thing.

It was still dark out this morning when I began to shovel snow. Dark and cold. I’m talking 16F with 16 mph winds. Miserable weather. But except for the wind, it was quiet. And I shoveled. The driveway. The front walk. The sidewalk. Much of both neighbors’ sidewalks.

As always, when I began shoveling I hated it. But there’s a weird sort of peace that comes from the rhythm of it. It’s pretty easy to slide into a state in which you’re mindful of what you’re doing without being altogether aware of it. If that makes any sense. Shoveling snow becomes a sort of meditation. Except that when you’re done, you’re exhausted, and your knees and back and shoulders hurt like hell, and you’d murder for a cup of hot coffee.

I shoveled for about an hour. The sun was coming up when I finished. Neighbors were beginning to shovel their own drives and sidewalks. Some asshole up the road tried to start his snowblower, but it just roared and coughed a few times, then failed. That pleased me — which is evidence that I’m not a terribly good Buddhist.

cant-say-im-happy-about-this

I put the shovel away, came inside, started the coffee. Fed the cat. Took some Advil. By the time I’d changed clothes, got my coffee, and parked my ass in front of the computer, the cat had finished eating. She decided it was critically important that she sit on my lap. I explained to the cat that my knees were on fire, so I’d prefer not to have a cat on my lap, thank you very much.

So here’s me, typing slowly because it’s awkward to use a keyboard with a cat on your lap. My knees ache, but the coffee is good and the cat is making the odd grunting noise she makes instead purring like a normal cat.

I am strangely contented.

muslims and taco bowls

I knew it was going to be bad. I didn’t know it would be this bad this soon. I knew Comrade Trump had no real grasp on the concept of governance, but I didn’t know he was entirely ignorant of how government worked. I knew he wasn’t prepared for the job, but I didn’t know he’d make no effort to learn.

Trump apparently believes issuing a presidential executive order works the same basic way as ordering a taco bowl. You say “I want a taco bowl” and somebody gives you a taco bowl. You say “I want a ban on Muslims” and somebody gives you a ban on Muslims. Easy peasy. Right?

Easy as ordering a taco bowl.

Easy as ordering a taco bowl.

Nope. Ordering a taco bowl is easy; getting a taco bowl that’s safe to eat is complex. Somebody has to grow the lettuce and the tomatoes and the beans, somebody has to pick those vegetables and legumes, and somebody has get them to market. Somebody has to make the tortilla shell, somebody has to make the cheese. Somebody has to gather all those makings together, and somebody has to put it all together so somebody can bring it to your table. And throughout that whole process, there’s somebody monitoring it all to make sure that all the ingredients are healthy, and that they’re properly handled and prepared so that you don’t end up in the bathroom puking your guts out. It’s a massive, complex process, making a taco bowl.

Trump said “I want a ban on Muslims” and somebody gave him a ban on Muslims. In this case, it was two somebodies: Steve Bannon and Stephen Miller. These guys wrote the executive order, and served it to Comrade Trump, who signed it.

Stephen Miller and Steve Bannon -- should not be allowed in the kitchen.

Stephen Miller and Steve Bannon — should not be allowed in the kitchen.

You know, when you make your first taco bowl to be served to the public, you have to let your supervisor look at it before it makes its way to the customer’s table. The same is true when crafting an executive order. You’re supposed to let other folks look at it and make sure it’s correct before you foist it on the unsuspecting public. For example, if you write an executive order pertaining to homeland security, you’re supposed to let the folks at the Department of Homeland Security get a peek at it before it’s released. It’s not just a matter of good manners to do that; it’s also how you insure the customer doesn’t end up in the bathroom puking his guts out.

Trump, Bannon, and Miller didn’t bother. The Secretary of Homeland Security learned about the executive order when he saw it announced on television. Seriously. On television.

Not only did they fail to ask for the advice of the Department of Homeland Security, they also failed to check with the Justice Department,. And the State Department, and the Department of Defense, and the National Security Counsel. They didn’t even show the order to the Office of Legal Counsel, which has always reviewed executive orders before they were released. Hell, these people didn’t even prepare the two agencies that would be implementing the order — the heads of the Customs and Border Protection agency and the U.S. Citizen and Immigration Services were given a telephone briefing while Comrade Trump was signing the order.

Let me just recap this. These three bozos — Trump, Bannon, and Miller — put together and issued a presidential order having global implications with less care and supervision than the guy working part-time in the kitchen of your local Taco Bell. It’s no wonder a big chunk of the world has found itself in the bathroom, puking its guts out.