Loyalty
in the Eye of the Beholder
(Or, suffer the “Wrath of Don”)
The analogy used in this post today is used to make my knowledge and understanding of history and now current events relating to Trump and his revenge trek and growing enemies list now is full operation.
For example, the
Nuremberg Trial and numerous Nazi's defense for their horrible war crimes was the collective phrase: “Befehl ist Befehl.”
(German translation: “An order is an order”).
Disloyalty
to Donald J. Trump means for anyone who tells the truth about him or his unlawful
or illegal actions – he gets rid of them.
Setting the Scene: Trump’s decision to freeze the
release of security assistance to Ukraine violated the law, the GAO said in
their report.
Specifically they said that OMB withheld the
appropriated funds last summer not as a programmatic delay but in order to advance
the president’s own agenda, and, by doing so the White House violated what’s
known as the Impoundment Control Act (ICA).
Now this critical question: What ties Trump and “his hunt for
enemies with his revenge list” have to do with “just following orders and the
Nuremberg war crimes?”
Simple: Disloyalty
to Trump means he fires anyone who tells the truth about anything regarding him.
This revenge
move by Trump comes in the aftermath of the House’s impeachment inquiry in
which staffers testified against him (Dr. Fiona Hill, LTC Alexander Vindman, Amb.
Marie Yovanovitch, et al).
So, what
does Trump do? He hires a 29-year old “spy” to hunt down and identify traitors in
the halls of the White House and some agencies and give the list to him.
That
man is 29-year old John McEntee, who then in turn hired a 23-year old
college senior, James Bacon, to assist him in the hunt for: “Never-Trumpers” who work in government.
McEntee once
worked as Trump’s “body man” suggested that some firings would have to happen
after the 2020 election and/or anti-Trump individuals could be shifted around
in a way that could to deny them government promotions
More
on McEntee from here – worth reading (March 2018):
Trump’s personal assistant, John McEntee, was fired and escorted from
the White House after being denied a security clearance over
financial problems in his background, according to senior administration
officials and people close to the former aide. According to
the report, McEntee was not allowed to return to his office and was thus forced
to depart into the cold without a jacket. CNN reported that McEntee is “currently under investigation by the Department
of Homeland Security for serious financial crimes.”
McEntee had been with the president
since 2015 and he has been described as a “Bodyman with responsibilities
that included making sure the president has pens to sign autographs and
delivering messages to the president while he’s upstairs in the residence of
the White House.”
But if
McEntee has committed serious financial crimes and needed to be aggressively
escorted off the White House grounds, then why did the Trump administration
immediately announce that he would be “joining the reelection effort as a
senior adviser for campaign operations?”
Obviously,
there’s an ethical question there. Why hire a suspected criminal to serve on
your campaign? Why trust him if he’s not trustworthy enough to serve in the
West Wing?
All this
does not make a lot of public relations sense to announce that you’re hiring
someone in the same breath that you reveal that they’ve failed a background
check and been fired. It makes even less ethical sense. But, it sure makes
sense that Trump wants to keep McEntee happy to make sure he doesn’t go
blabbing about what’s he had learned from spending more than three years at Trump’s
side.
Now
up-to-date on all this: John Rood, former Under Secretary of Defense for Policy
at the Pentagon got the Trump boot and suddenly resigned at the request of Trump.
So with all that above it is now easy to see where the
proof meets the pudding in this, the “rest of the story:
Rood was in Trump’s firing line for raising concerns
last year about the president’s plan to deliberately withhold military aid to Ukraine – a
key issue that helped trigger the impeachment inquiry who said the act was illegal
and unlawful and now:
The GAO report confirmed
that action was in fact unlawful.
Legal Fact: Following
a superior’s order known to be illegal or unlawful is no excuse for breaking
the same law – case in point:
The Trump administration’s OMB decision
to freeze the release of security assistance to Ukraine violated the law, the GAO
reported and it was not as a programmatic delay but in order to advance the
president’s own political agenda and that violated what’s known as the
Impoundment Control Act (ICA) – detailed in that GAO report:
“Faithful execution of the law does not
permit the President to substitute his own policy priorities for those that Congress
has enacted into law. OMB withheld funds for a policy reason, which is not
permitted under the Impoundment Control Act (ICA)...Therefore, we conclude that
OMB violated the ICA.”
My 2 cents is related from in part the conclusion taken
from this American
University International Law Review.
What Trump is doing now
based on the above story and evidence is not a “war crime” per se, but it ties
in with his lawbreaking and then punishing those around him for telling the
truth about his lawbreaking (e.g., withholding that aid money from Ukraine).
Background: Since World War II, the law regarding
obedience of superior orders as a defense to law of war violations remains as
it was applied at Nuremberg for the Nazi pleading “I was just following orders”
and more recent legal war crimes proceedings – it is not a legal defense,
period.
The fact that the law of war has been violated
pursuant to an order of a superior authority, whether military or civil, does
not deprive the act in question of its character as a war crime, nor does it
constitute a defense in the trial of an accused individual, unless he did not
know and could not reasonably have been expected to know that the act ordered
was unlawful.... That the individual was acting pursuant to orders may be
considered in mitigation of punishment.
That is not the case with John Rood and others, who
warned that withholding the Ukraine aid was illegal and unlawful. Trump didn’t
care, but we must care.
Thanks for stopping by.
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