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February 4, 2018


We have waited breathlessly for publication of the Republican memo apparently authored by the staff of the House Intelligence Committee Chair, Kevin Nunes, and assumed that since its publication was opposed by both the FBI and the DOJ that it must contain extremely important classified information for the world to see. Instead it turns out to be a dud, a limp rag piece of political junk designed to give Trump cover to fire people who are investigating Russian interference in our election of 2016, and all the classified information amounted to were FISA court procedures, hardly on a level of where our atomic silos are sited and how they are armed, and all designed to take the heat off Trump’s own complicity with the Russians both before and after he was elected.

This president is the same guy who says he wants all the truth to come out but is doing everything he can to see that it doesn’t, even going so far as to sacrifice our national security to save his own narcissistic posterior. He is acting like a guilty man, otherwise why wouldn’t he go all out to assist Mueller in getting to the bottom of the proven Russian interference in our election and let the evidentiary chips fall where they may? Why is he covering for Putin?

Whether we want to call it obstruction, sedition, conspiracy, treason, or whatever, he is certainly giving aid and comfort to Putin, who has to be deliriously happy with having an American president running interference for him in destroying our institutions and ultimately, our democracy. Putin must have Trump blackmailed up to his ears, and I think but cannot yet prove that Trump’s fear is not his frolicking with Russian prostitutes (since American evangelicals have apparently joined with libertines in approving such conduct in return for a slice of the power pie); I think it has to do with money laundering on a massive scale in which he and Putin and Russian oligarchs collaborated their efforts through the Bank of Cyprus, Deutsche Bank, and Trump’s phony real estate Panama connection, among others.

The foregoing is prologue. The point I want to make is how this memo controversy is being handled. We are told that the Democratic memo disputing the pretended facts set forth in the Republican memo will be available for publication in ten days or so.  I am a retired lawyer and have tried many cases to juries, both under the rules of Civil as well as Criminal Procedure, and I have never heard of nor participated in a case where a plaintiff gave forth his/her/its evidence and the court ordered a ten-day delay in having the defendant put forth his/her/its evidence. Defendants always put on their evidence immediately after plaintiffs rested in my experience, always, and after motions and final argument and instructions the jury goes to the jury room and comes out with a verdict (unless hung).

The American people are the jury in this memo fight and they are being exposed to perhaps ten days of propaganda in support of the Republican memo without hearing evidence in a countering memo from Democrats so that they can come to a fair verdict based on ALL the evidence. There is no gag rule available to keep Trump and his minions from taking the ball and running with it and they are, and since there is no opposition allowed they can score at will. This is not right; the fight is rigged. Both memos should have been published at the same time so that neither side is advantaged or disadvantaged by rigged procedures and House rules.

I therefore ask all who read this to keep an open mind on what they are hearing from parties of interest such as Trump & Co. until they are advised of the evidence offered by the Democratic memo. It is only then that they can come to a fair verdict from exposure to ALL of the evidence. Winners should not be determined by who puts on his/her/its evidence first because if that were the case, plaintiffs would win all lawsuits – and they don’t – so let’s withhold judgment on this memo fight until we have heard from both sides.     GERALD       E




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