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As Democrats Entertain a Ukraine-Only Impeachment, Jack Goldsmith Lays Out Import of Impeaching for Clemency Abuse

As June Bug the Terrorist Foster Dog and I drove the last leg of our epic road trip over the last few days, I listened to Jack Goldsmith’s book on his stepfather, Chuckie O’Brien, In Hoffa’s Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth.

It’s a fascinating book I’m pondering how to write about: Imagine a book written by a top surveillance lawyer describing how he learned things his beloved stepfather was lying about by reading old FBI transcripts of wiretaps targeted at top mobsters.

The entire point of the book is to exonerate O’Brien of any role in Jimmy Hoffa’s murder, and it fairly convincingly does that. As Goldsmith describes, the FBI admitted privately to him that they belatedly realized his father couldn’t have had a role in Hoffa’s disappearance, but because the FBI is the FBI, they refused to state that in an official letter (though it was Barb McQuade, then as Detroit’s US Attorney, who made the final call).

But in Goldsmith’s effort to exonerate his step-father on the Hoffa murder, he implicates him in a shit-ton of other crimes … including being the bagman for a $1 million bribe to Richard Nixon so he would commute Hoffa’s sentence for jury tampering (which Chuckie was also a key player in). Here’s how Goldsmith describes O’Brien’s claims about the payoff.

Chuckie nonetheless insists there was a payoff. And he says he was the delivery boy.

Chuckie told me that in early December 1971, he received a telephone call in Detroit from Fitzsimmons’s secretary, Annie. “Mr. Fitzsimmons would like to see you,” she said. Chuckie got on the next plane, flew to Washington, and went straight to Hoffa’s former office at the foot of Capitol Hill. After small talk, Fitzsimmons got to the point. “He’s coming home, and it’s going to cost this much,” Fitzsimmons whispered to Chuckie, raising his right index finger to indicate $1 million. “There will be a package here tomorrow that I want you to pick up and deliver.”

The following afternoon, Annie called Chuckie, who was staying at a hotel adjacent to the Teamsters headquarters near the Capitol building. “Mr. Fitzsimmons asked me to tell you that you left your briefcase in his office,” she said. Chuckie had not left anything in Fitzsimmons’s office, but he quickly went there. Fitzsimmons was not around, but Annie pointed Chuckie to a leather litigation bag next to Fitzsimmons’s desk—a “big, heavy old-fashioned briefcase,” as Chuckie described it. Chuckie picked up the bag, and Annie handed him an envelope. Inside the envelope was a piece of paper with “Madison Hotel, 7 p.m.” and a room number written on it.

It was about 5:00 p.m., and Chuckie took the bag to his hotel room. He had delivered dozens of packages during the past two decades, no questions asked, mostly for Hoffa, sometimes for Giacalone, and very occasionally for Fitzsimmons. But this time was different. Chuckie knew of the strain between Fitzsimmons and Hoffa. He wasn’t sure what game Fitzsimmons was playing, especially since Hoffa had not at this point discussed a payoff with him. Chuckie was anxious about what he was getting into. And so he did something he had never done before: he opened the bag.

“I wanted to see what was in the briefcase,” Chuckie told me. “I didn’t trust these motherfuckers. I needed to look; it could have been ten pounds of cocaine in there and the next thing I know a guy is putting a handcuff on me.”

What Chuckie saw was neatly stacked and tightly wrapped piles of one-hundred-dollar bills. He closed the bag without counting the money.

The Madison Hotel, where Chuckie was supposed to deliver the bag, was two miles away, six blocks north of the White House. It “was a very famous hotel” in the early seventies, a place where “political big wheels” and “foreign dignitaries” stayed, Chuckie told me. At about 6:45 p.m., Chuckie took a taxi to the Madison, went to the designated floor, walked to the room (he doesn’t remember the number), and knocked on the door. A man opened the door from darkness. Chuckie stepped in one or two feet. He sensed that the room was a suite, but could not tell for sure.

“Here it is,” Chuckie said, and handed over the bag.

“Thank you,” said the man. Chuckie turned and left. That was it. The whole transaction, from the time he left his hotel to the delivery on the top floor of the Madison, took less than twenty minutes. The actual drop was over in seconds.

If O’Brien is telling the truth, it means that in addition to locking in Teamster support for 1972, Nixon got a chunk of money for the election (just as Trump just hit up Wayne LaPierre for fundraising support in exchange for killing gun control).

Goldsmith’s step-father claims that the money for the payoff came directly from Hoffa — but he either didn’t know or wouldn’t say whom he delivered it to.

“Where did the money come from?” I asked. “From the Old Man,” Chuckie answered. “Through Allen Dorfman. It was the Old Man’s money. Dorfman had a lot of his money. Fitz wouldn’t give you a dime if you were dying.”

[snip]

“Did Fitz tell you who you were delivering the bag to?” I asked. “No. I took the fucking briefcase to where it’s supposed to go, I never asked any questions. You never ask, Jack.”

This is something that John Mitchell lied about to prosecutors, just as the stories of Rudy Giuliani and Jay Sekulow regarding the pardons they’ve negotiated with Russian investigation witnesses don’t hold up.

Since that time, presidential abuses of pardons have only gotten worse. Say what you will about the Marc Rich pardon (and I agree it was ridiculous), both Poppy Bush (Cap Weinberger) and W (Scooter Libby) provided clemency to witnesses to silence them about actions of the Bush men. Bill Barr was a key player in the Poppy pardons, and he seems all too willing to repeat the favor for Trump.

Until Congress makes reining in the abuse of executive clemency a priority, the claim that no one is above the law will be a pathetic joke. Plus, there are at least allegations that Trump’s effort to dig up Ukrainian dirt stemmed from an effort to make pardoning Paul Manafort easier. And the Ukraine corruption involves someone — Rudy — who was intimately involving in bribing witnesses with pardons in the past.

More generally, any decision to narrowly craft impeachment would be catastrophically stupid, not least because other impeachable acts — such as Trump’s treatment of migrants — will be far more motivating to Democratic voters than Ukraine. But to leave off Trump’s abuse of the pardon power would be a historic failure.

Grand Rapids Press: A Pox on All Their Houses, But Not Our Own

The local rag posted an editorial “reflect[ing] the views of The Grand Rapids Press editorial board,” blaming almost everyone involved in the so-called “right to work” fight for the ugly way things went down Tuesday.

Right-to-work laws may or may not end up helping Michigan, but no one should be pleased with what happened in Lansing this week.

The whole process that led to the bills prohibiting workers from having to pay dues or fees to unions as a condition of employment has a patina of ick that unnecessarily divides and casts the state and its lawmakers in the national spotlight for all the wrong reasons.

[snip]

We’re disappointed in the whole lot.

The issue deserved the sunlight of the traditional legislative process, not moved through a lame duck session at breakneck speed amid threats and raucous protests, all played out in the national spotlight.

That’s not the Pure Michigan image we’re hoping to project as we rebuild the state’s economy and attract new businesses.

We all deserved better.

It blames Rick Snyder for betraying his “relentlessly positive” promises and flipflopping on an issue he had said wasn’t on his agenda.

It blames union leaders for all the violent images (some–perhaps most–not the unions’ fault), including the disputed tent collapse, the riot gear clad cops, and Jimmy Hoffa’s promise of a “civil war.”

It blames legislative leaders, calling out Doug Geiss and Dave Agema for their violent language and Lisa Posthumus Lyon for her hypocritical attempt to exempt her husband’s profession from the law.

Yet oddly (or maybe not so oddly), the Grand Rapids Press placed no blame on the man who, perhaps more than anyone else, bears responsibility both that this went down, and for the nasty way it was jammed through.

As (the umbrella that owns the Press) MLive’s own senior political columnist Tim Skubick explained, this went down in the way it did in significant part because of Grand Rapids’ most prominent citizen, Dick DeVos.

Surely you remember the GOP candidate for governor and former CEO of Amway. Well he’s back on the political field and he worked tirelessly behind Gov. Rick Snyder’s back to push Right to Work.

[snip]

Having performed the 180, Mr. DeVos ramped it up. He told senators that if they don’t vote for this thing, he would launch a petition drive to place this before the voters.

Recall that Mr. DeVos spent $35 million of his own money to beat Gov. Jennifer Granholm, (money wasted). Legislators on the other end of his phone calls knew he has the deep pockets to not only gather the required signatures, but also to find a way to sell it to the voters.

Other press outlets (and presumably Senate Majority Leader Randy Richardville) were less polite, calling what DeVos and his anti-labor friends did “threats” and “arm-twisting.”

Precisely the kind of implicit violence the Press found so distasteful when union leaders or legislators did it.

It’s all very nice for the Press to blame people on the other side of the state for the ugliness in Lansing on Tuesday. But they’re utterly irresponsible if they don’t also blame the ugliness here at home.

They’re right: We all deserved better. And the place to start demanding better is from Dick DeVos.