Category Archives: Op-Eds

Have Mueller and Rosenstein Finally Gone Too Far?

U.S. Department of Justice headquarters, August 12, 2006.jpg
The Robert F. Kennedy Department of Justice Building in Washington, D.C., headquarters of the United States Department of Justice. Source: Wikipedia. Creative Commons Attribution-Share Alike 3.0 Unported by CoolCaesar
 

Friday the 13th is presumably always someone’s unlucky day. Just whose may not be obvious at the time, but I suspect that  “Russiagate” special counsel Robert Mueller and Deputy US Attorney General Rod Rosenstein already regret picking Friday, July 13 to announce the indictments of 12 Russian intelligence officers on charges relating to an embarrassing 2016 leak of Democratic National Committee emails. They should.

Legally, the indictments are of almost no value. Those indicted will never be extradited to the US for trial, and the case that an external “hack” — as opposed to an internal DNC leak — even occurred is weak at best, if for no other reason than that the DNC denied the FBI access to its servers, instead commissioning a private “cybersecurity analysis” to reach the conclusion it wanted reached before hectoring government investigators to join that conclusion.

Diplomatically, on the other hand, the indictments and the timing of the announcement were a veritable pipe bomb, thrown into preparations for a scheduled Helsinki summit between US President Donald Trump and Russian President Vladimir Putin.

House Republicans, already incensed with Rosenstein over his attempts to stonewall their probe into the Democratic Party’s use of the FBI as a proprietary political hit squad, are planning a renewed effort to impeach him. If he goes down, Mueller likely does as well. And at this point, it would take a heck of an actor to argue with a straight face that the effort is unjustified.

Their timing was clearly intentional. Their intent was transparently political. Mueller and Rosenstein were attempting to hijack the Trump-Putin summit for the purpose of depriving Trump of any possible “wins” that might come out of it.

They secured and and announced the indictments “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.”

That language is from 1799’s Logan Act (18 U.S.C § 953). Its constitutionality is suspect and no one has ever been indicted under it in the 219 years since its passage. Rosenstein and Mueller aren’t likely to be the first two, and may not even technically have violated its letter. But I’d be hard put to name a more obvious, intentional, or flagrant act in violation of its spirit.

Rosenstein and Mueller are attempting to conduct foreign policy by special prosecutor, a way of doing things found nowhere in the US Constitution. Impeachment or firing should be the least of their worries. I’m guessing that there are laws other than the Logan Act that could, and should, be invoked to have them fitted for orange coveralls and leg irons pending an appointment with a judge.

That they even have defenders is proof positive that some of Trump’s most prominent opponents consider “rule of law” a quaint and empty concept — a useful slogan, nothing more — even as they continually, casually, and hypocritically invoke it whenever they think doing so might politically disadvantage him.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Helsinki: How About a Fresh START?


Two missile maintenance crewmen perform an electrical check on an LGM-30F Minuteman III intercontinental ballistic missile (ICBM) in its silo. Source: Wikimedia Commons, Public Domain
 

As US President Donald Trump heads to Helsinki for a summit with Russian President Vladimir Putin, Trump’s critics continue to inveigh against what they consider an illicitly close relationship between the two, a perspective stemming from the “Russiagate” scandal drummed up by supporters of Hillary Clinton to explain her defeat in the 2016 presidential election.

Russiagate or not, this summit may represent the two countries’ last, best opportunity to halt  or even reverse a decade of backsliding toward frigid Cold War relations. And Trump has a ready template at his disposal for pursuing warmer relations with a formidable, but hopefully former, foe.

In 1986, President Ronald Reagan met with his Soviet counterpart, Mikhail Gorbachev, in Reykjavik.  As the non-profit Reagan Vision for a Nuclear-Weapons-Free World describes the summit, “[a] proposal to eliminate all new strategic missiles grew into a discussion, for the first time in history, of the real possibility of eliminating nuclear weapons forever. … Reagan even described to Gorbachev how both men might return to Reykjavik in ten years, aged and retired leaders, to personally witness the dismantling of the world’s last remaining nuclear warhead.”

While the full vision didn’t pan out, a year later the US and the Soviets signed the Intermediate Range Nuclear Forces Treaty. Five years later came the Strategic Arms Reduction Treaty. “New START” arrived in 2010, shortly before relations between the two governments began to deteriorate in a big way.

At this point, the US is working on “modernizing” its existing nuclear arsenal, while Russia touts an advancing hypersonic missile program. We’re moving back toward the days of American schoolchildren practicing “duck and cover” drills under constant threat of nuclear war.

The best possible outcome of the Trump-Putin summit would be a new treaty that I’ll call “Fresh START.” Under such a treaty, the two governments would commit to getting back on the track laid down by Reagan and Gorbachev, actively working to meet their existing obligations under Treaty on the Non-Proliferation of Nuclear Weapons (NPT):

“Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament …”

Nuclear weapons are weapons of terror and of Mutual Assured Destruction. They’re not militarily useful outside those two ways of thinking. It’s time for the two countries with the largest stockpiles of such weapons to move together toward decommissioning and destroying those stockpiles. We may never again live in a world without nuclear weapons, but we can aspire to a world with as few of them as possible.

If Trump and Putin can deliver a Fresh START toward that goal, their summit will have been a resounding success.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Why School Vouchers are a Terrible Idea

For nearly four decades, since the Reagan administration, some among America’s “school choice” movement have advocated for the use of “voucher” systems to give parents more control over their children’s education. Various jurisdictions around the country have implemented the concept, with varying (and much-debated) results.

Most opposition to vouchers comes, as one might imagine, from supporters of government-run, aka “public,” schools for the vast majority of  students. Their concerns include loss of funding for those public schools as students migrate to private alternatives, the destruction of America’s secular character if church-operated schools gain market share, and perhaps even loss of national identity/cohesion as curricula move in different directions.

My own opposition comes from a very different direction: I’m against vouchers not because they might damage, or fail to replicate, the existing system, but because they threaten to make “private” alternatives more LIKE that system.

We’ve already seen this phenomenon play out in our colleges and universities. Government funding, whether it be in the form of the GI Bill, student loan guarantees and Pell Grants, research grants from government institutions, etc., always comes with strings attached.

Even if we like the content of some of those strings (non-discrimination requirements, for example), it is a simple fact that strings in general result in a loss of variety in our higher education options. “Elite” private universities may be able to afford more well-credentialed faculty and nicer buildings, but their curricula and their classroom environments have, over time, lost a lot of what made them different. When you take the King’s Shilling, you must henceforth take the King’s Orders as well.

The history of public education in America is an ugly thing.

You may have been taught that universal public education was implemented for the purpose of increasing literacy, numeracy, critical thinking and so forth among an uneducated populace.

In fact, our system was imported from Prussia and its goal has always been to turn out “good citizens” — drones who get educated enough to turn raw materials into finished goods on an assembly line, or aim an artillery piece on command, but not so well-educated that they might get uppity and question or rebel against the foundations of the system they live under.

It shouldn’t be surprising that such a system would devolve, as ours has, into a gulag archipelago of combination daycare centers / day prisons, many graduating inmates of which emerge barely qualified to press the picture of the cheeseburger on the cash register and count out the amount of change that flashes on the screen.

I’m not interested in saving our broken system. I oppose ideas that threaten to let that system absorb the alternatives to it. Vouchers are just such an idea.

Homeschooling, small cooperative schools funded and operated by groups of like-minded parents, and truly private academies, on the other hand, are our future — if we have a future.

If we’re really interested in reclaiming our birthright of literacy, numeracy, and free thought, it’s time to separate school and state.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY