Saturday, November 26, 2016

Conflict of interest

This is a simple, yet at the same time complex subject.  The first way I want to approach this, is to look at the criteria for all levels of federal security clearance.  One of the criteria is that the person for which clearance is intended, cannot  be in a position where foreign governments can  possibly bribe them.  An example would be, the person being considered cannot have declared personal bankruptcy.  Bankruptcy obviously leaves a person open to being bribed, coerced to provide information for money.  This is simply an example of being a target for bribery.  There are other ways a person can be susceptible to bribery.

Our next president is set on maintaining involvement in his business interests, which have a large international footprint.  So.......how can we, the people, square that with a door being open to bribery by foreign interests.  Regardless of what trump "says", the POSSIBILITY exists.  If it were any, and I mean ANY, other person being considered for security clearance; having major business dealings with foreign countries would be an immediate disqualifier  for any level of security clearance,  The President of the United States is not above the law.  In fact as the leader of our country, she or he, must be held to the highest standards of the law and morality.  It is not possible to be the President of our country and not have security clearance.  Therefore, based on the above simple and easy to follow logic, donald trump cannot be the President of the U.S.

There are many examples how trump is already behaving improperly.  The law reads (see below) that " [as] a public official, former public official, or person selected to be a public official" he cannot "directly or indirectly demand[ ], seek[ ], receive[ ], accept[ ], or agree[ ] to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person."  Some of the examples are as follows:

      - The U.S. Secret service is considering renting a floor at trump tower for approximately $1.5 million dollars per year.  Per the law, noted above and below, there is a conflict of interest that is not permitted for any other person working for the Federal Government.  trump is benefiting financially in order to receive Secret Service protection.

      - The Secret Service has paid the trump campaign $1.6 million in order to protect him, while he was a candidate.  This, in and of itself, is standard operating procedure.  What becomes an issue is that that $1.6 million went to a trump company which owns the jet he used.  Still being involved in that company means that he has benefited from this transaction.  This may or may not be legal riight now (although it still smells pretty bad).  Now, as president, he will use Air Force One, but if his wife or children use a trump jet and he still maintains legal or financial ties to that company, then he will benefit from the Secret Service protecting his family.  This is simply not a tolerable arrangement.

      - Days after the election on November 8th, approval was given for at least two trump tower projects, in two foreign countries.  One which was stalled for a long time in the former Soviet Republic of  Georgia is now "back on track" per a Washington Post article on 11/26.  Per that same article, the other trump tower project, in Buenos Aires, also long delayed,  is now "moving ahead"  three days after after President Elect trump spoke with Argentina's President (sounds fishy to me).  As noted in the law below, this is illegal behavior right now!.  At this point it is completely outside the bounds of law and he is also open to the possibility for bribery by these foreign governments.

There are many other instances that are or clearly will be a conflict of interest.  These are but a few.

Just one Federal Misdemeanor statute that will come into play is as follows:

18 U.S. Code § 201 - Bribery of public officials and witnesses


For the purpose of this section—
(1)
the term “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;
(2)
the term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and
(3)
the term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit.
   

Whoever—
(1)otherwise than as provided by law for the proper discharge of official duty—
(A)
directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or
(B)
being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;
(2)
directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person’s absence therefrom;
(3)
directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person’s absence therefrom;
shall be fined under this title or imprisoned for not more than two years, or both.


So.......as of this moment, trump is outside of the law and is so, in many more ways other than what is noted in this posting.  This is the clearest of all that I have already posted.  As of January 20, 2017 at noon, after taking the oath of office, donald trump must be impeached!!  No 'ifs' 'ands' or 'buts'!!

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