Making Sense of Nonsense

I want to set the record straight on a couple of issues that have been under media scrutiny as of late.

The president’s power to pardon is absolute. It is in the Constitution. There are NO exemptions listed. This included the power to pardon himself. They are not always given as an exoneration. Just because you are pardoned does not mean you were guilty of something. Ford pardoned Nixon on crimes he MIGHT have committed.

Now, for the sake of argument, let’s say the president pardons himself. This does not mean Congress cannot still impeach him. Impeachment is not a criminal process; it is a political process. Sure, the Constitution says “high crimes and misdemeanors,” but it is intentionally vague, meaning other reasons can be read into it. The power to pardon is explicit.

Sign Up for E-News

As the attorney general, the director of the FBI, a special prosecutor—hell, the entire Justice Department are under the Executive Branch of the federal government—the president can legally fire any one. So, there would be no legal implications; however, there would be political, which is why I pointed out that impeachment was a political remedy.

While there are no laws on the books regarding a special prosecutor, there are regulations. One is 28 CFR 600.4, which states that the attorney general, or in this case deputy attorney general, “provide a special counsel specific factual statement of the matter to be investigated.” Then, you have 28 CFR 600.1, which, in this case, the deputy attorney general has to determine that there is a crime. Neither has been done, yet the regulation makes clear the matter must be a criminal investigation. However, and I have pointed this out in the past, there is no underlying crime. You have an investigation looking for a crime and that is NOT how it is supposed to work.

You must remember the letter from the deputy attorney general, Rod Rosenstein, appointing Mueller refers to former FBI Director James Comey’s March 20 testimony, which described a counterintelligence investigation—not a criminal investigation. Remember, during a period of time, Comey had told Trump already and Congress three different times that Trump was not a target of a criminal investigation.

So, how does the president rein in the special prosecutor legally and without setting off the political impeachment? Why should he be reined in? First, the special counsel is supposed to hold all of his cards close to the vest. He’s not supposed to tell anybody anything. However, you have been reading that his people are starting to leak. Why? Because everybody he has hired is either an Obama or Clinton donor, or both. This is the team of people investigating Trump. The people investigating the Russia-Trump connection are nothing more than Clinton-DNC donors.

It is all out there on the public record. Now, they are trying to get access to something that not even John Podesta and Hillary Clinton could get their hands on. They are trying an end run for Trump’s tax returns. The thinking is: Trump’s tax returns hold the key to getting rid of him in any number of ways. They are trying to look into things that happened long before—years before—he entered the political arena.

So again I ask, how does the president rein in the special prosecutor? The way to rein Mueller in is to simply have Rosenstein, who’s the deputy attorney general, establish some parameters based on existing law. Rosenstein would tell the special counsel what crimes he is permitted to investigate.

Then, after the deputy attorney general tells the special counsel what crimes he is permitted to investigate, that establishes the parameters. Now, if in the investigation of that specific crime, other crimes are found, the special counsel cannot, by statute, investigate them. He has to go back to the deputy attorney general and get permission. He has to take the evidence that he’s found of additional crimes outside the original crime parameter, go to Rosenstein and say, “I found this crime and this crime. I want permission to go there and investigate.” It probably would be granted, but he just cannot go off on his own.

The irony here is all the laws and regulations that have already been broken to see IF any crime has been committed. Again, no one has enunciated the crime committed. All we have are seven months of open-ended leaks and allegations that are not provable, that do not even have named sources behind them. There is no evidence any evidence of actual tampering with votes or collusion or obstruction.

The firing of James Comey is what has led there to a special counsel. But, there was no crime. If you want to understand why Trump would be frustrated with the attorney general, you are looking at it and can you blame him?

This is what I say. What say you?

The opinions expressed herein are the writer's alone, and do not reflect the opinions of or anyone who works for is not responsible for the accuracy of any of the information supplied by the writer.

TAP Into Another Town's News:

You May Also Be Interested In

Sign Up for E-News


The Hatch Act and Immigration Updates

This is for information purposes only. So, when you see headlines like the recent “Kellyanne Conway cited for two violations of the Hatch Act,” you will have a working knowledge of what it means. First off, what is the Hatch Act? This has nothing to do with Orrin Hatch, senator from Utah. Simply put, it states one cannot advocate for or against candidates while serving in an official ...

There Is Always More to the Story

If you are getting your information from CNN, MSNBC, The New York Times or others in the mainstream media, you would think the Russians are no good dirty scoundrels, colluding with Trump to steal the election from the rightful heir, Hillary Clinton.

The leading Democrats in New York are all on board with this scenario, as are Democrats representing states across the country. You have heard ...

The ‘Feminist’ President ... Ha!

Incredibly, it wasn’t until 1987 that Congress finally acknowledged the part women have played in the great movements of American history, declaring March to be National Women’s History Month.

And each year since, as March rolls around, U.S. presidents have stood at the lectern, extolling the virtues of American women. In President Trump’s statement, released last week, he ...

To Harrison, L'Chaim!

At long last, the smile of spring approaches, as an angry winter recedes into good riddance. Our spirit is ready to be re-charged. Damn the power outages, full speed ahead!

For my wife, Elyse, daughter, Elissa, and me, this otherwise exuberant time of year brings a confusion of mixed emotions. In 2003, on the opening day of spring, March 20, which happens to be my birthday, our 15-year-old son ...

Anytown USA's Reality TV Show

Nowhere is the raw power of our Constitution’s First Amendment more earnestly practiced than in thousands of town halls across the land every time a citizen steps up to the podium to say his piece.

That also is where reality television can be seen at its rawest, as town meetings are televised to the local populace. All the familiar production values of reality TV are there in full color: ...

When It's Not OK to Ask If Everything's OK

There is this thing that I do that annoys the heck out of my family. Well, to be honest, there are a lot of things I do that annoy the heck out of my family, but I am thinking of one thing in particular.

Whenever someone is in the bathroom for what I determine to be an abnormally long period of time, I stand outside the bathroom door and yell,


I ...

I'm All Pumped Up

This time last year, I struggled with my New Year’s resolution to go to the gym.

This year, I have made significant progress. I am going to the gym on a semi-regular basis. And by semi-regular, I mean, I go often enough that I actually remember where it’s located between visits.

The bad news, however, is that my workouts are just, how would you say it? Lame. Yes, they’re ...

Upcoming Events


Sat, March 24, 2:00 PM

South Putnam Animal Hospital, Mahopac

PCDOH Free Rabies Vaccination Clinic

Health & Wellness

Sat, March 24, 2:00 PM

South Putnam Animal Hospital, Mahopac

PCDOH Free Rabies Vaccination Clinic

Health & Wellness

Sun, March 25

First Presbyterian Church of Yorktown, Yorktown Heights

Holy Week at First Presbyterian Church of Yorktown

Religions And Spirituality

Safety Is Schools' Top Priority

March 14, 2018

To the editor,

[Editor’s note: The following letter was sent by School Superintendent Anthony DiCarlo to Mahopac families and the school community.]

We are all saddened by the tragic events that took place in Parkland, Fla., several weeks ago, Mahopac’s collective thoughts and prayers for healing and strength are directed toward the families and students of Parkland.

I want ...