Odds and Ends

Now and then the Ratcatcher runs across brief notes that do not merit a full-scale discussion, but are emblematic of the continued prevalence of rats in American government. Today we detail just three.

Mazie Hirono. Senator Hirono has made a career of making outrageous and frivolous public statements about other people. In 2018, during the Senate confirmation hearings for then Judge Brett Kavanagh, she relieved herself of the opinion that a woman making a claim of sexual harassment or assault should always be believed. She then said that it was up to Judge Kavanagh to prove that he did not assault his accuser. Apparently, Sen. Hirono slept soundly through her classes at Georgetown Law Center when the burden of proof was being discussed. She obviously missed the part where the accused is presumed innocent until proven guilty and further that litigants are not required to prove a negative. Yesterday, October 13, 2020, she was at it again, displaying her utter disregard for civility when she asked Judge Amy Coney Barrett, being considered for confirmation to the Supreme Court, whether she had ever sexually assaulted anyone. To ask the question of Judge Barrett was to make the accusation – an utterly baseless and scurrilous accusation, but one completely in character for Sen. Hirono. The people of Hawaii should be proud of this particular rat.

FISA Court. For more than two years evidence has slowly leaked out showing the flagrant lying of the FBI to the FISA Court in order to obtain surveillance of various people associated with the Trump campaign and presidency. Most lately, documents finally released following a direct order from President Trump show that the FBI knew before it ever approached the FISA Court that the information on which it would base its application for surveillance was false. Nevertheless, in procedures that would have made the KGB and the East German Stasi proud, America’s allegedly premier law enforcement agency submitted to the FISA Court, under penalty of perjury, statements it knew were false. So here is the burning question: Why has the FISA Court, a federal court, failed to issue to James Comey, Rob Rosenstein, and all of the other FBI agent who signed the FISA applications, Orders to Show Cause why they should not be permanently disbarred from appearing before that Court; held in contempt; and why their individual conduct should not be referred to the appropriate bar associations for disbarment proceedings? Many commentators have opined that they should be prosecuted criminally and that may be appropriate. What is beyond dispute, however, is that their conduct before the FISA Court was flagrantly unethical and none of them should ever practice law again before any court in America. Why the silence from the FISA Court? The swamp rats live another day!

Clinton Foundation. Numerous claims of impropriety have been made against the Clinton Foundation, including that, while Mrs. Clinton was in public office, it served as a handy vehicle to provide campaign funds to support her while at the same time claiming to be an entity exempt from taxation under the Internal Revenue Code and, therefore, absolutely prohibited from participating in the support of or opposition to a candidate for office. Now, without explanation, the Internal Revenue Service has announced that it will not pursue any investigation of the Clinton Foundation. Plus ça change, plus c'est la même chose. The rats win again.

Biden Fumbles, Again. Earlier this week, former Vice President, Joe Biden, clearly frustrated by the continued questioning over his support for court packing, went on the offensive, claiming falsely, that the nomination of Judge Amy Coney Barrett was unconstitutional. Biden and his supporters tend to view anything they oppose as unconstitutional without regard to the facts. Biden continued attempting to stir up his audience by telling them how motivated he was in his campaign for election to the Senate. Whether any of his aides reminded him that he was, in fact, running for the presidency is unknown. Not to be deterred, Mr. Biden then announced that the 56% of people who responded positively to a poll concerning whether they were better off today than four years ago, must have been mistaken. See, folks, elect me as your Senator, ‘er President – I know better than you what’s good for you. A perfect example of rattis democratis.

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