I’m Not a Crook, and I Don’t do Cover ups!
May 22, 2019
President Trump threw a temper tantrum today in the White House Rose Garden, forever preserved in the digital media universe.
Through his actions and words today, President Trump has provided clear and irrefutable evidence that he is unable to separate questions about his personal character from the primary duty of his current and sworn role to “preserve, protect and defend the Constitution of the United States” which I translate as an obligation to provide competent and impartial leadership for the entire population of the United States.
His public pronouncement that, “I don’t do cover ups” is clearly false.
Following that statement, the first image that flashed into my head was recorded for public record on Air Force One (early April, 2018) when President Trump responded to a reporter’s question about the cover-up payment(s) to Stormy Daniels that, ‘I know nothing about that’ further referring any questions to his then-Attorney, Michael Cohen.
Another indelible image again involves Air Force One and the infamous June 2016 Trump Tower meeting between Trump Jr., various Trump campaign people, and a Russian lawyer. In early July 2017, while flying home from Germany aboard Air Force One, President Trump personally dictated a statement on behalf of Trump Jr. which said that Trump Jr. and the Russian lawyer had “primarily discussed a program about the adoption of Russian children” in June 2016, further stating that the subject of the meeting was “not a campaign issue at the time.”
That meeting has continued to be a constant thorn. In late July 2018, following public testimony by Michael Cohen, President Donald Trump took to Twitter to respond to some negative press reports, “I did NOT know of the meeting with my son, Don Jr….”
He didn’t know? Cover up? I think yes.
The most egregious example of Trump cover ups is his obstinate refusal to allow the public release of bank records, tax returns or any relevant financial records pertaining to his personal and business activities. We know from public information that Donald Trump and the Trump Organization and/or entities controlled by him: (a) Declared bankruptcy 6 times; (b) Have been shunned by most traditional banking organizations; (c) Consistently sell condominiums and other developed properties in ‘all-cash’ transactions, often to anonymous entities connected to Russia or former Soviet republics.
I applaud Speaker Pelosi for her insistence on a thorough and methodical process to follow and identify all of the facts. Indeed, no one is above the law, including the President of the United States.
I strongly encourage our elected officials to stay the course and to demand full disclosure and independent comprehensive review of Trump family and Trump Organization financial records. The American People deserve nothing less.
Don’t Tread on Me
May 17, 2019
The late George Wallace, former Alabama Governor, was noted for his rigid and often harsh opinions which he shared freely with the rest of the world. In his 1963 inauguration speech, Wallace proclaimed, “Segregation now, segregation tomorrow, segregation forever.”
In response to what he felt was federal government overreach in its attempt to desegregate the University of Alabama, Wallace said, “The unwelcomed, unwanted, unwarranted, and force-induced intrusion upon the campus of the University of Alabama today of the might of the central government offers frightful example of the oppression of the rights, privileges and sovereignty of this state by officers of the federal government.”
Or, slightly modified to address current events, “The unwelcomed, unwanted, unwarranted, and force-induced intrusion upon the reproductive rights of women across the State of Alabama today of the might of the state government offers frightful example of the oppression of the rights, privileges and sovereignty of individual citizens by elected officials of the state government.”
It’s one thing to observe the sons, male cousins and grandsons of the late George Wallace as they link hands with the remaining white male disciples of the former Alabama Governor to assert their testosterone-fueled dominance over whatever they find annoying or objectionable.
It’s another thing to listen to female elected officials in Alabama proudly proclaiming victory over the right of women — as individuals protected by the same rights the US Constitution conveys to men — to make determinations over their own reproductive health.
Alabama House Rep. Terri Collins, who sponsored the bill, publicly identifies as female, as does Alabama Governor Kay Ivey who signed the bill into law.
Have they completely lost touch with reality?
Someone recently said, “I don’t know of any woman who engaged in sexual activity – forced or consensual – with the hope to have an abortion.”
Abortion is not a sport; it is a deeply personal and painful decision which should be made carefully and rationally, because it has lifetime repercussions.
Those who fly the Gadsden flag and rail against government intrusion on individual rights are often the very same folks who are adamantly pro-life and who vehemently oppose a woman’s right to self-determination.
The Gadsden Flag says it all…
The Sport of Tax Avoidance
May 11, 2019
Let’s be clear: the terms ‘tax evasion’ and ‘tax avoidance’ are often used interchangeably. However, only those activities which occur in a tax avoidance scheme are considered lawful.
Plenty of reliable media sources have carefully examined and reported on the awful legacy of Donald Trump’s multiple bankruptcies on a myriad of small businesses: architects, carpet suppliers, lighting and electrical distributors, even custom cabinet-makers.
A recent expose published by The New York Times focused on Trump’s taxes and revealed a previously unexposed nuance: many of his unpaid bills were essentially ‘double counted’ through the magic of accrual accounting. Thus, Trump and his Organization underpaid many vendors, while concurrently creating a paper loss for Trump which translated into a ‘tax loss carryforward’ good to shield future profits from future taxation.
If people had been able to look at this bad behavior as a base line, and project it forward, they might have been able to see how much damage The Donald has already done to families and communities in the U.S.
Following his inauguration in January 2017, Trump’s operating principles haven’t changed at all.
A direct result of the introduction of Trump operating principles into the Executive Office has become an oblique assault on moderate and small family-owned businesses across the U.S. — in the manufacturing sector; in retail; agriculture; mining; ranching; hospitality; media; transportation; entertainment; food; construction; business services; technology; and more.
The foundation of success epitomized in the American Dream is entrepreneurial — hard work, focus and sacrifice oriented to a long term view.
The minority of small business operators who operate like Trump — those who operate at the margins and take advantage of honest business people who operate on the platform of honesty and honor — get put out of business quickly.
Tax avoidance – using any and every loophole to avoid paying taxes – is legal, even when some of the activities involved may be considered by some to be morally repugnant.
Somehow, Trump has been able to use his unique combination of charisma and showmanship to fool a rather sizeable segment of American adults into believing his shtick.
How very sad…
An example of world leadership, released by Donald J. Trump on Sunday, May 5 at 9:08 AM ET:
“For 10 months, China has been paying Tariffs to the USA of 25% on 50 Billion Dollars of High Tech, and 10% on 200 Billion Dollars of other goods. These payments are partially responsible for our great economic results. The 10% will go up to 25% on Friday. 325 Billions Dollars….” “…of additional goods sent to us by China remain untaxed, but will be shortly, at a rate of 25%. The Tariffs paid to the USA have had little impact on product cost, mostly borne by China. The Trade Deal with China continues, but too slowly, as they attempt to renegotiate. No!”
Impulsive? Impetuous? Misinformed? – OR — Calculated? Intentional? Willful?
However you slice it, when the President of the United States threatens — on a Sunday morning in May — to further disrupt world markets through his personal vision of how the world should behave, the predictable short term outcome is a stock market rout.
{One of the reasons it is predictable is that we have witnessed several similar episodes over the 2+ years Trump has occupied the Oval Office.}
Both Market Manipulators and Inside Traders know that when the Stock Market is confronted with unanticipated news, the Stock Market generally reacts with an abrupt and unexpected increase (or decrease) in value. And, Long-sellers (or short-sellers) get enriched (or damaged) as a result of their positions.
If they went long (or short) because of access to confidential information (known as “Insider Trading”) they have committed a white-collar crime that is often prosecuted as a felony, punishable by severe fines and prison terms of up to 20 years.
The Questions:
- Has Trump, his family, any of his cabinet members, advisors, their families and colleagues benefited by taking a long (or short) position in advance of one of Donald Trump’s unexpected and abrupt announcements?
- Is Trump a willful Market Manipulator?
- Are there any foreign (off-shore) entities which have left a trail indicating a prior knowledge of Trump Tweets?
More on: Tax Cuts & Jobs Act
April 16, 2019
Paul Ryan retired from Congress in January 2019 after 20 years of service culminating in his 3+ years of service as Speaker of the House.
Ryan was the chief cheerleader for the Tax Cuts and Jobs Act, and he left D.C. touting it as the greatest accomplishment of his political career.
Ryan repeatedly exclaimed how this new legislation (TCJA) would unleash unprecedented U.S. economic prosperity, by providing:
- Tax relief for middle-income families;
- Simplification of the tax code for individuals;
- Economic growth; and
- Repatriation of $3+ Trillion of profits U.S. companies have parked overseas would generate more investment and jobs in the U.S.
16 months after passage of the TCJA, it should be crystal clear that:
- Almost none of the tax cut benefits have reached the low- and middle income Americans who were promised tax relief;
- The TCJA legislation is some 1,097 pages itself, and it states very clearly that it is an Amendment to (the existing) Internal Revenue Code of 1986 (not a simplification);
- Economic Growth? The jury is still out on this one, but there seems to be no evidence of growth above or beyond the existing growth trend line which began in mid-2009;
- American companies have returned some (+/- $500 Billion) of their profits held overseas as a result of the tax holiday which was part of TCJA. Much of that money was used for stock buy-backs and debt reduction.
In fact, 16 months following the passage of the TCJA, U.S. companies are still waiting for final guidance from the Treasury Department on many of the final rules relative to repatriation.
And, despite continued U.S. economic growth and record corporate profits, a record 60 Fortune 500 companies avoided paying any federal income tax in 2018.
Federal tax revenues have declined during a period of economic expansion and our government spending has increased, thus the verifiable result from Paul Ryan’s signature accomplishment – the TCJA — is an increase in our federal deficit, an extra-special gift to our children and grandchildren.
The Treasury Department announced in March 2019 that the deficit for the first four months of the 2019 budget year (which began Oct. 1, 2018) totaled $310.3 Billion, up from a deficit of $175.7 Billion in the same period the year prior.
The Congressional Budget Office is projecting that the annual federal deficit between revenues and expenses will hit $897 Billion in fiscal year 2019, up 15.1 percent from the $779 Billion deficit recorded in FY 2018.
The end result: Our total federal debt will reach $22 Trillion this year – about 105% of GDP.
Why is that important? A comprehensive study by the World Bank examined economic data from 100 developing and developed economies spanning a time period from 1980 to 2008, concluding that a public debt/GDP above 77% begins to create a drag on economic growth.
The World Bank analysis concluded that for each additional percentage point of debt above the 77% threshold costs 0.017 percentage points of annual real growth.
If the World Bank study is correct, we are currently missing about 0.5% of our economic growth potential due to misguided public policy decisions, in addition to the future burden of repaying federal debt which was incurred unnecessarily.
Paul Ryan achieved his personal goal of shepherding record tax reform through Congress resulting in the passage of TCJA.
Although his personal goal was achieved at the expense of American society, Paul Ryan clearly is a winner. So, please join me in sending a note of thanks and congratulations to Paul Ryan. He left us a legacy.
Paul Ryan & Tax Cuts
April 16, 2019
Dear Paul Ryan,
In 1998 – at the age of 28 – you were first elected to the House of Representatives to represent the 1st District of Wisconsin. You were re-elected a number of times, and you served for 20 years in Congress.
After John Boehner announced his intention to resign from the House and the Speakership in 2015, you were selected by your colleagues to become Speaker of the House.
You were involved in some very positive legislative accomplishments during your 20 year tenure as a Congressman representing the 1st District of Wisconsin, and during your tenure as Speaker of the House.
Unfortunately, your legacy will forever be connected to the Tax Cuts and Jobs Act (TCJA) which was passed into law at the end of 2017.
Although the TCJA provided the Trump Administration with an accomplishment relative to their campaign platform, it is a highly flawed piece of legislation which was created on a foundation of fictitious and inaccurate assumptions.
Just 16 months following the passage of TCJA, we can clearly see the adverse impacts.
Business and corporate tax cuts have resulted in: stock buy-backs; excessive executive compensation and bonuses; acquisitions and consolidations resulting in plant closings and layoffs. All of these have been enabled by tax cuts which have resulted in 60 major corporations paying zero federal income taxes in 2018.
Whereas in times of economic expansion, the great majority of economists advise public sector entities to reduce deficits and aim for balanced budgets, the TCJA does just the opposite.
Some of the loss of tax revenue from business and corporate entities has been replaced by increased federal tax liability on individuals (like me), the majority of the lost tax revenue has been made up through deficit spending.
The annual federal budget deficit is expected to reach $900 Billion in fiscal 2019 and to equalize in the range of $1 Trillion annually for the next decade, up from $779 Billion in 2018.
Mr. Ryan: over the course of your service in Congress, you achieved national recognition as a conservative policy wonk and as a relentless critical observer of our federal budget. You seemed to be a relentless critic of federal deficits, winning acclaim from centrists for your detailed charts showing the dangers that fiscal shortfalls posed to America’s future.
You slipped out of Washington in January 2018 knowing that you led the American people down a dangerous and dead-end road.
In your defense, we can acknowledge that you reluctantly took on the role of Speaker knowing that it was an impossible responsibility to fulfill. Despite this, we must hold you fully accountable for failing to disclose to your constituents – and the entire U.S. population – that the TCJA was a sham – a complete flim-flam designed to create a false reality.
Paul Ryan: Let us hope that your family, your wife, your children – and your neighbors – are willing and able to forgive you for selling out the interests of the people of Wisconsin — as well as the people of the United States – for whatever benefits you personally gained from your treachery toward the end of your tenure in Congress when you became the champion of the fictitious Tax Cuts and Jobs Act.
Mr. Ryan: Good luck to you, and God bless.
Sen. Rick Scott & Health Care
April 3, 2019
Dear Senator Scott:
I live in Clearwater, FL so I write to you today as an alert and engaged constituent.
You are an accomplished and admired American leader. After volunteering for military service during the Vietnam era, you honorably served your country in the U.S. Navy as a radar technician aboard the USS Glover. You overcame significant social and economic obstacles to earn a J.D. from the SMU Dedman School of Law.
You are a former Chairman and CEO of one of the largest private sector health care corporations in America (Columbia/HCA). You then admirably served two terms as Governor of Florida; and you now serve as one our two U.S. Senators from the Great State of Florida.
In fact, you have been recognized as a uniquely qualified American leader who ran the largest health care company in the world, and who cares deeply about the costs and quality of health care to consumers.
I tuned into watch and listen to Face the Nation (CBS) on March 31, 2019, eager to learn from your current perspectives on health care in America.
I was disappointed by your responses to Margaret Brennan’s questions about a renewed partisan focus to repeal the ACA (President Trump, March 26, 2019). I was particularly concerned about your focus on drug prices as a key driver of excessive costs in our health care sector. While your observations contain some truth, you failed to disclose the background behind persistent high prices of ethical pharmaceuticals in the U.S.
On April 1, 2019, you were interviewed by Steve Inskeep from Morning Edition (NPR).
Mr. Inskeep attempted to draw out your unique expertise on some of the most critical issues facing our nation relative to our health care delivery system, noting that ‘President Trump says he wants Republicans to be known as the party of health care’.
You zeroed in on high prescription drug costs, and you cited a bill you are introducing, the “Transparent Drug Pricing Act” which aims to stop drug companies from charging more for medication in the U.S. than in other countries.
In both cases, you responded to some solid direct questions with sadly incomplete ‘softball’ answers.
I did not hear you mention the “non-interference” clause of the Medicare Modernization Act of 2003 which is frequently cited as the core reason for excessive drug costs in the U.S.
Medicare accounts for more than 25% of annual national retail prescription spending, and taxpayers currently pay nearly 70% more for drugs in the Medicare program than through the Veteran’s Administration, which has direct negotiating power with drug companies.
The Medicare Modernization Act of 2003 precludes the Secretary of Health and Human Services (HHS) from negotiating directly with drug manufacturers on behalf of Medicare Part D enrollees. A simple act of Congress, supported by the executive branch, can repair this problem quickly. In fact, a recent survey conducted by the Kaiser Family Foundation shows that over 90% of the public believes that allowing the federal government to negotiate drug prices for Medicare beneficiaries is needed.
As a highly accomplished expert in the field of health care, you are certainly familiar with a comprehensive study conducted by researchers at Harvard Medical School which examined peer-reviewed medical and health policy literature from January 2005 to July 2016. The study was published in the Journal of the American Medical Association (August 23/30, 2016, “The High Cost of Prescription Drugs in the United States”).
Their research studied scholarly articles addressing the sources of drug prices in the United States; examined the justifications and consequences of high prices; and investigated possible solutions for the pharmaceutical price conundrum we continue to face in America.
This independent professional research concluded that high U.S. drug prices are the result of U.S. government protected monopolies granted to drug manufacturers, combined with coverage requirements imposed on government-funded drug benefits. They noted that the most realistic short-term strategies to address high prices include:
- enforcing more stringent requirements for the award and extension of exclusivity rights;
- enhancing competition by ensuring timely generic drug availability;
- providing greater opportunities for meaningful price negotiation by governmental payers;
- generating more evidence about comparative cost-effectiveness of therapeutic alternatives; and
- more effectively educating patients, prescribers, payers, and policy makers about these choices.
Individuals in the U.S. are directly impacted by the cost of prescription drugs at the retail level, whether fully covered by their insurance provider; through a co-pay; or fully funded out of pocket.
Indirectly, each taxpayer in the U.S. helps to subsidize the cost of prescription coverage for current and retired local, state and federal government employees; veterans; and those of our neighbors who are eligible for Medicare/Medicaid benefits. When drug prices are inflated due to a lack of appropriate government regulation, U.S taxpayers are subsidizing excessive profits which accrue to executives and shareholders of pharmaceutical companies.
It is – and has been – clear to me that our elected officials in Congress have failed the people of the U.S. over a rather long period of time. Our elected representatives have failed to address the root causes of high drug prices which have been identified and delineated in (the previously cited) independent and non-partisan report published almost 3 years ago.
Senator Scott, I believe the great majority of my fellow Floridians join me to expect much more of you in this arena.
We count on you — A recognized expert in the field of health care — to give us the full, honest and unvarnished picture on these issues, and to support new and appropriate legislation which strategically addresses the rapidly changing operational landscape on which our economy and society operates.
The Amazon Conundrum
March 5, 2019
While New Yorkers continue to debate the loss of Amazon from a site in Queens, the discussion seems to have lost sight of what Amazon contributes to the long-term well-being of our society.
Amazon is not a friend to America, has contributed very little if anything to our overall economy. The stock is currently grossly overvalued with a P/E ratio in excess of 80x.
Jeff Bezos, the founder of Amazon, has an estimated net worth of $165 Billion, primarily as a result of a business model which has dramatically changed the U.S. retail sector.
Most egregious? Amazon paper earnings for 2018 are $11.2 Billion, and early reports indicate that they will pay $0 in federal income taxes on these earnings.
(Amazon reported $5.6 Billion in U.S. profits in 2017 and paid $0 last year.)
Amazon creates jobs? True. Good jobs? False.
Economic scholars generally agree that a ‘living wage’ in the NY Metro area for an adult with one child is $31/hour, with 2 children $41/hour.
Amazon announced in early October 2018 that it would raise the minimum wage to $15 an hour for its U.S. employees.
Meanwhile, much like Walmart, Amazon has created a business model which effectively eliminates competition and destroys small business.
The hot topic today is the talk of ‘Democratic Socialism’ being portrayed by some pundits as a death threat to American democracy.
The real threat to American democracy is the proliferation and exponential growth of a few family-controlled and vertically-integrated oligarchies which are capable of re-creating the Feudal System which characterized medieval Europe during the Middle Ages.
“Those who fail to learn from the lessons of history are bound to repeat the outrage of history.”
Tax Returns & The Base
March 4, 2019
It truly is fascinating to watch the Hard Core Trump Base rise up on their haunches and respond to Trump tweets, pronouncements and positions.
I thought the Trump Base was loud but modest: maybe 20% of American adults? Wrong.
There seems to be a solid base of around 40% of American adults who idolize the words and actions of Donald Trump. Though the number might occasionally rise or fall by a few points, Trump’s 40 percent approval rating seems to be mostly bulletproof.
Trump’s base is loud and determined. One of his followers summed it up succinctly: “People who voted for Trump will NEVER stop believing in his strength, intelligence and goodness. Trump 2020!”
Those of us who didn’t vote for Trump may never understand the deeply held values of the people who see America and the rest of the world so drastically different from us.
Do the hard-core Trump folks really believe that Trump is an economic and social policy expert who alone can make America great?
Or are they just lost souls clinging to the past in a desperate hope that the inevitability of change and uncertainty can be conquered through anger, bad manners and avoidance?
Trump defied an established custom developed over the last 40 years by refusing to release his tax returns during the 2016 presidential campaign, although he did say – on multiple occasions during the campaign – that his tax returns had been under a routine Internal Revenue Service audit since 2009 and that he could not release them until the audit was finished. (N.B. The IRS has repeatedly stated that there is no prohibition or restriction on releasing tax returns while they are under audit.)
After a while, Trump promised that he would release his tax returns once the audit was completed.
I’m no expert on IRS audits, having only been audited once myself. My audit was completed within 90 days.
Generally, the statute of limitations for the IRS to close out tax audits on a taxpayer expires three (3) years from the due date of the return or the date on which it was filed, whichever is later.
Public evidence shows that in most cases, an IRS tax audit lasts less than one year. In a few rare cases where substantial tax fraud or misreporting (generally, unreported income) is involved, the statute of limitations can be extended to six years.
That said – and assuming worst case situations — the audit on Trump’s 2009 tax return would have been completed not later than October 15, 2016; 2010 by October 15, 2017; 2011 by October 15, 2018
Various public polls reflect the sentiment of a majority of Americans (70+ %) that Trump should release his tax returns. Yes, even some of the Trump acolytes agree that releasing the tax returns is the right thing to do!
It’s the job of congressional committees to conduct oversight of the executive branch, and the Ways and Means committee is empowered to obtain anyone’s tax returns – even a sitting President – under a provision of the tax code which has existed since the 1920s.
Let’s get those Trump tax returns released ASAP, and eliminate at least one of the broken campaign promises. As has been said, ‘sunlight is the best of disinfectants’.
House Oversight Committee: 2/27/19
February 27, 2019
I was looking forward to hearing the testimony of Michael Cohen before the House Oversight Committee, particularly interested to learn more about some of the ‘behind the scenes’ actions and activities which took place during Cohen’s ten year stint as a lawyer for Donald Trump, and as an executive of The Trump Organization.
It is clear that Michael Cohen is guilty of multiple frauds and felonies.
Cohen pleaded guilty to eight charges in August 2018, including several counts of tax fraud and campaign finance violations. He also pleaded guilty in November 2018 to a charge of lying to Congress from Special Counsel Mueller’s office.
Said Cohen, “I take full responsibility for each act that I pled guilty to: The personal ones to me and those involving the President of the United States of America.”
In December 2018, Cohen was sentenced to a term in federal prison for the eight criminal counts he pleaded guilty to in August. The judge gave him an additional two months for the special counsel charge.
Despite pending imprisonment for his acknowledged bad behavior, Cohen agreed to provide public testimony to the House Oversight Committee on February 27, 2019.
It was my expectation that – during this public hearing – committee members would politely hear testimony from Mr. Cohen, followed by a question and answer session which might provide us with a broader understanding of the issues.
Upon completion of the public hearing, I anticipated that members of the committee would meet sometime in the near future to study, discuss and debate the findings of the hearing.
At a future date, I expected that I would learn from traditional media sources about next steps: Further investigation? Criminal referral(s)? Case closed?
I appreciate and covet freedom of speech, and I am cognizant of special protections afforded to Members of Congress to ensure they are not censured for statements made in their official capacity.
That said, today I witnessed two members of the House Oversight Committee go off course early in the proceedings, and they continued to cloud and obfuscate the intended purpose of the hearing almost to the very end.
The behavior and demeanor of Rep. Jim Jordan (R, OH) and Rep. Mark Meadows (R, NC) on 2/27/19 (as displayed on national television) was unprofessional; inappropriate; and absolutely unacceptable coming from elected Members of Congress.
I am a citizen and registered voter in the United States.
As such, I am entitled to all of the protections afforded by the Constitution of the United States, including the expectation that elected Members of the House will (1) behave at all times in a manner that shall reflect creditably on the House; (2) adhere to the spirit and the letter of the Rules of the House and to the rules of duly constituted committees thereof; and (3) not receive or accept compensation, favors or other benefits from any source which would occur by virtue of influence improperly exerted from their elected position in Congress.
It is my belief that both Rep. Jordan and Rep. Meadows repeatedly violated their basic duties of comportment and professionalism during their activities today as members of the House Oversight Committee.
I do hope the House Ethics Committee will hold each of these individuals fully accountable for their unprofessional, inappropriate, and unacceptable public behavior, and I encourage others to demand accountability from Congress.