The Jury Talks Back

8/6/2017

On That Lawsuit Saying The GOP Is A Racketeering Organization: A Dissenting View

Filed under: Uncategorized — Patterico @ 2:30 pm

My RedState colleague streiff posted on Friday about a lawsuit filed by a retired attorney (who else?) accusing the GOP of doing THE RICO!!!1! As a reminder, here is a quote from the article streiff cited:

A retired attorney in Virginia Beach is so incensed that Republicans couldn’t repeal the Affordable Care Act he’s suing to get political donations back, accusing the GOP of fraud and racketeering.

Bob Heghmann, 70, filed a lawsuit Thursday in U.S. District Court saying the national and Virginia Republican parties and some GOP leaders raised millions of dollars in campaign funds while knowing they weren’t going to be able to overturn the ACA, also known as Obamacare.

The GOP “has been engaged in a pattern of Racketeering which involves massive fraud perpetrated on Republican voters and contributors as well as some Independents and Democrats,” the suit said. Racketeering, perhaps better known for use in prosecuting organized crime, involves a pattern of illegal behavior by a specific group.

streiff opined:

I think this is inspired and no matter what happens to this lawsuit–and I think a jury should be allowed to hear the case–other Republican lawyers across the nation should do the same. And they should also do it with the ‘defund Planned Parenthood’ bullsh**, too.

The GOP has used ObamaCare and Planned Parenthood to raise tens of millions of dollars with no intention of repealing one and defunding the other, not because the votes can’t be whipped, but because if they actually do those things they will have killed the Goose that Laid the Golden Egg.

I strongly agree with the second paragraph of that quote. I think it is well stated and it is absolutely, positively, 100% correct. (By the way, I would add “repealing Roe v. Wade” among the list of things that the GOP claims as a goal for fundraising purposes, but does not actually want to achieve. More on that some other time.) I do not think it’s going too far to call what the GOP did a “fraud.” That’s strong language (although not so much in today’s rhetorical climate), but in this case it feels apt. The image of Lucy taking the football away from Charlie Brown comes to mind. Republicans promised repeal for seven years. The electorate kept giving them everything they asked for. They never had any intention of delivering. Yes, it was a fraud.

So what’s my problem? Calling it “fraud” does not mean it’s the sort of “fraud” that is actionable in court. And the use of the almost-always-abused RICO statute is the cherry on top. That’s the detail that confirms your suspicion that this lawsuit is insane headline-grabbing B.S. by an attention seeker.

Ken White at Popehat once had a lawsplainer about RICO. The short answer is: it’s never RICO. I’m going to clean up Ken’s language a little bit for our family site, but perceptive readers will easily fill in the blanks:

That’s not what RICO means. RICO is not a [expletive deleted]ing frown emoji. It’s not an exclamation point. It’s not a rhetorical tool to convey you are upset about something. It’s not a petulant foot-stomp.

RICO is a really complicated racketeering law that has elaborate requirements that are difficult to meet. It’s overused by idiot plaintiff lawyers, and it’s ludicrously overused by a hundred million jackasses on the internet with an opinion and a mood disorder.

Ken has a full and detailed explanation of what RICO actually is at the link. Suffice it to say: this is not RICO. This lawsuit is not going anywhere. Might the retired lawyer be able to extract a “go away” settlement? Sure. That happens all the time. Far more often than you may realize, in fact. Will he get the case to a jury, obtain a favorable verdict, and have that verdict upheld on appeal? Absolutely not. There is zero chance of that. None. Zilch. Trust me on this.

And what’s more, like many abuses of process to vindicate interests you agree with, it’s a gun that can be turned around and pointed at you at any time. Imagine a candidate who actually does believe in a bold political idea. Say Senator Mike Lee — who, unlike most GOP politicians, is a man of principle — runs on doing everything he can to reduce the federal debt. But then he fails to turn it around — because, frankly, in today’s climate, it can’t be turned around. Can some clown sue him for fraud?

The bolder your vision, the less likely you are to succeed. If a politician sees that any broken promise (no matter the reason it is broken) can lead to a lawsuit — worse, one that actually makes it past a motion to dismiss — that state of affairs will have an unintended consequence: causing politicians to make fewer bold claims. It is a situation that favors the status quo.

In the end, I think this is similar to that “is it OK to punch a Nazi?” debate that sprang up after that clip of a guy sucker-punching Richard Spencer went viral. In one corner, you had people who hate Nazis and enjoyed seeing one get his comeuppance. In another corner, you had people like me — who also hate Nazis, but believe that sucker-punching people for their speech is a bad idea, and a slippery slope that may result in the other side squelching speech that we want to protect.

I applaud this retired attorney’s argument that the GOP never meant to repeal ObamaCare. I agree with this 100%.

But he should not be suing over it.

Full disclosure: I probably have a different perspective on this from many, because I have actually been on the wrong end of a frivolous lawsuit alleging fraud and RICO violations for simply expressing opinions on the Internet. (I won — thanks for asking! — but it took years.) That sort of experience tends to make a person very, very skeptical about the motives of those who use the courts to make political arguments.

[Cross-posted at RedState.]

Trump Is Not The Victim Of A Slow-Rolling Coup; He Is The Victim Of His Own Incompetence

Filed under: Uncategorized — Patterico @ 12:00 pm

The Strongman is never at fault.

When things go well for The Strongman, all credit goes to The Strongman. When things go poorly, it is not because he is ineffective and feckless. No, that cannot ever be true of The Strongman. If The Strongman fails, it is because Large Shadowy Forces are arrayed against him.

So when a leader portrays himself as a Strongman, there is one sure-fire way to know that he is failing: you start reading pieces arguing that he is being Undermined by Large Shadowy Forces.

And indeed, the notion of a “coup” against Trump has been popular lately, with one high-profile writer even publishing a fictional two-part series describing an actual military coup against Trump. The latest example of paranoia porn comes to us from Derek Hunter and it is titled: “We’re Witnessing A Slow-Rolling Coup”:

Whatever ends up happening there, one thing is for sure – the “resistance,” as it likes to call itself, is conducting a coordinated, slow-rolling coup against President Donald Trump.

The story won’t be that Trump was forced from office so much as it will be that Republicans let it happen. Which is just what the Democrats were counting on.

What is the evidence of a “coup” cited by Hunter? Basically, it’s a) leftist media bias and b) leaks from inside the government. Heavens to Betsy! Such things have never happened to Republicans before!

It’s not that leftist media bias doesn’t exist. I seem to recall it being a problem for one George W. Bush, and one George H.W. Bush, and one Ronald Reagan. I don’t think the media cared for Gerald Ford too much. Why, Deep State leaks and uniform journalistic hostility to the occupant of the Oval Office might have been present to some degree during the presidency of one Richard Nixon, don’t you think? Just a wee bit? Does that mean his resignation was the result of a coup? Um, no.

It’s time to acknowledge that maybe, just maybe, President Trump’s failure to date has been largely his own fault. Contemptuous of the notion of familiarizing himself with even a superficial level of policy detail, he can’t make the case for ObamaCare repeal the way Obama made the case for the law in the first place. Having created an absurdly chaotic White House by dint of his own lack of discipline and his obsession with television, praise, and his image, Trump is unable to fashion a legislative agenda that garners the votes he needs in Congress. The release of transcripts of his conversations with world leaders make him sound like an uninformed idiot . . . because he is an uninformed idiot.

But any admission of fault does not suit the image of The Strongman. Garry Kasparov, who knows something about the behavior of actual strongmen like Vladimir Putin, who (unlike Trump) use government to murder people, warned about Trump’s tendencies in March of 2016:

Trump doesn’t talk much about policy and is incoherent when he does. This makes it difficult for the pundits to make useful policy contrasts with the other candidates. This is by design. When Trump’s lies and flip-flops are pointed out, he presses on twice as loudly as before. What Trump does talk about relentlessly, instead of policy, are simple words with positive connotations. “Strength”, “power,” “greatness”, “energy”, “winning”, “huge”, “amazing.” Trump delivers these words, over and over, with the bravura of a carnival barker and the righteous anger of the oppressed, the trademark combination of the populist demagogue.

Trump also refers regularly to how he will demolish any and all critics and obstacles, from entire nations like Mexico to elected officials like Speaker Paul Ryan. He doesn’t talk about boring things like legality or procedure or how any of these threats and promises will be carried out. Before anyone can even ask, he’s on to the next audacious claim. “It will be taken care of!” “He’d better watch out!” “We’ll take the oil!” “They’ll pay for it all!” “It will be amazing!” Bold, decisive, fact-free, impossible, who cares? His followers love it.

All of these rhetorical habits are quite familiar to me and to anyone who has listened to Russian media—all state controlled—in the past decade. The repetition of the same themes of fear and hatred and racism, of victimhood, of a country beset by internal and external enemies, of how those enemies will be destroyed, of a return to national glory. How the Dear Leader apologizing or admitting error shows weakness and must never be done. Inspiring anger and hatred and then disavowing responsibility when violence occurs. It’s a match. As is the fixation with a leader’s personal strength and weakness, intentionally conflated with national strength and weakness.

There lies the clearest and most dangerous similarity between Trump and Putin: the authoritarian instinct, the veneration of power over the values that direct it. Trump has repeatedly praised not just Putin himself for his “strength,” but other tyrants as well. In 1990, in an interview with Playboy, Trump criticized Mikhail Gorbachev for not having a “firm enough hand” and spoke with admiration for the Chinese government’s massacre of protesters in Tiananmen Square.

This was all obvious at the time, yet people seem to be shocked that this 70-year-old man acts the same way as President that he has acted his whole life.

I come back to Trump’s praise for the Chinese mass murder at Tiananmen Square again and again, because I think it’s an important window into his soul — or lack thereof. That, more than anything else, tells me that Trump sees himself as The Strongman. And Kasparov’s observation that “the Dear Leader apologizing or admitting error shows weakness and must never be done” is one of the key features of The Strongman. He is never at fault.

All of these pieces about a “coup” against Trump are just rank propaganda to protect the nation from considering the real reasons for Trump’s failure. If we have identified a common enemy, we can rally the forces against that enemy, and we need not have any talk about whether Dear Leader might have some blame for his own ineffectiveness.

Is the media biased against Trump? There is no doubt. Are there “Deep State” forces that have declared him the enemy? I am quite sure they have.

But the media and the Deep State did not hold a gun to Trump’s head and tell him: “Do not learn about policy. Do not build a well-functioning White House. Instead, act like a narcissistic dummox. Watch television 24/7, tweet stupid nonsense as often as possible, and do your best to come off like a self-obsessed, amoral buffoon, so that your approval ratings tank and you can’t get anything done.”

That’s all on Trump.

[Cross-posted at RedState.]


Powered by WordPress.