When he announced his presidential candidacy Donald Trump had to file an ethics disclosure. In that disclosure he claimed the debt on his 40 Wall St. building was “over $50,000,000.” Here is an excerpt from his filing. Note Liability Pages from 20150715 Govt Ethics disclosure

I took a look at the actual mortgage he was referencing and it is $160,000,000 or over 3 times what the alleged billionaire disclosed. Here is is.  Look at page 4 of 11. NOTE 20151008 Assignment of Mortgage 40 Wall

 

 

Defendant Reza Zarrab filed an unopposed motion in Miami USDC and waived a right to a hearing on his removal to New York. Here is the motion. Unopposed Motion to waive removal hearing SDFL

The Miami US Magistrate judge entered this minute order granting the motion:

ORDER Granting  Motion Waive Removal, Bond Hearing and Defendant’s Appearance as to Reza Zarrab (1). The Court will enter a Warrant of Removal to the Southern District of New York by separate order. Docket Order Signed by Magistrate Judge Edwin G. Torres on 4/1/2016. (mdc) (Entered: 04/01/2016)

On March 30, 2016, the New York Grand Jury handed down a Superseding Indictment of Reza Zarrab and two other named defendants. Here is a copy. Superceding Indictment

Reza Zarrab was indicted by a N.Y. Grand Jury. Arrested in Miami and for now he’s going to stay in jail in Miami.  He is currently represented by a former federal prosecutor who is a partner in Baker & Mackenzie’s Miami office.  Here is a link to her bio. Lee E. Stapleton, Esq.   Here is link to the  Reza Zarrab indictment

This is purely hypothetical the fact pattern.

Nation U is a member of the “N” defense treaty organization.  Nation T is also a member.

The N Treaty requires that all  N Treaty members defend the other members if they are attacked, if the attacked member requests.

U is at war with D that has engaged in military acts on U’s territory sufficient to trigger a duty to respond by the N Treaty member states.

The U Constitution requires that the U Senate approve all Treaties. It does not address abrogation of treaties. It vest the power to interpret treaties in U’s judicial branch.

The U constitution gives the U Congress the power to declare war but also provides that a governor of a single U state may use the state’s own military to defend the country from an aggressor if threatened with an imminent attack. The power of the President to act to defend U in case of an attack does not require a declaration of war.  An order from the U President can authorize nuclear war destroying planet E in less than 20 minutes without any consultation with U Congress or U Judicial branch.

U has conclusive proof that T has joined D as a enemy state. Does the U President have to abrogate the N treaty to defend against a direct attack by T?

What if the U President learns of conclusive proof of an imminent attack by D that will be assisted by T?

Is the N treaty abrogated related to the non-T members if U attacks T?

Does the U Constitution require that the U President obtain a court order before attacking T?  Can a court order abrogate defense obligations to one N treaty member while leaving unchanged the treaty obligations to other member states?

What result and why.

The recent muted criticism and feigned surprise of the U.S. regarding the combined action of Egyptian and United Arab Emirates air forces in Libya has quietly drifted away front the front page.  This action that the U.S. claims it was not advised of in advance and the manner in which the U.S. stood back in Iraq requiring as a condition of U.S. involvement a unity government are showing the outlines of the developing Obama Doctrine.

This policy dictates that the U.S. no longer serve as the world’s police force is most evident in the policy regarding the Russian invasion of Ukraine.  Though the Obama administration would have been better to not have told the Russian dictator that the U.S. would not intervene the resulting war and imminent threat against NATO front line nations has given rise to the clearest example of the Obama Doctrine at work: NATO allies are now actually putting their own forces and treasure at risk on the front lines of the former Warsaw Pact Baltic nations that are most at risk of an attack by the Russian mission to reclaim the former Soviet empire.

The next test of the Obama Doctrine is Syria.  With some form of cooperation with the combined forces of Kurds, Sunni and Shiite in Iraq appearing possible, the next step will be how to deal with Syria.  The reported incursion of Syrian forces into areas of the Golan Heights controlled by Israel is the signal that the Obama Doctrine may have given the job of getting rid of Assad to the Israeli Army. Once he is gone the U.S. can fill in and begin the long battle to route out the murderous IS forces.

Talking Points:

Russia agrees and immediately stops supplying arms and support to the separatists who will be allowed to leave Ukraine and go to Russia.

UN SC puts forces in Crimea to stop the ethnic cleansing of the Tartars.  This will require that Russia not veto the UN SC resolution and that it cooperate with the UN force.

Ukraine restores water and utility services to Crimea.  UN border control established  in Crimea including Kerch and other ports to control military traffic to Crimea.  Food and other necessities allowed to be re-supplied.  Russian forces reduced to pre-February levels.

A period of stability passes at the end of which, the UN holds a plebiscite in Crimea for the residents who lived there before February 2014.

The choices offered in the plebiscite will be 1) Russian annexation, 2) return to Ukraine, or 3) independent autonomous Crimean state.  The vote will be final and controlling and affirmed by the Ukraine and Russian parliaments.  Russian navy will be granted 15 year extension on any naval lease rights if the choice is Ukraine or independent Crimea.

Russia pays damages for the destruction it caused in East Ukraine.  EU and US also continue to contribute to rebuild Ukraine economy.

Ukraine and NATO agree to defer any discussion of NATO membership for up to five years.  The parties agree to consider Ukrainian neutrality as a way to avoid future conflict. Violation by Russia of Ukrainian sovereignty and NATO related agreement terminates.

When the conditions above are met,  all sanctions shall terminate.

 

Are political cases sometimes influenced by the judges own political views?  Who gets the case could be the key to what happens.  A couple of judges on the D.C. circuit were also previous political appointees. Could that influence how they might rule?

Of the regular non-senior status judges there are seven Obama, five Bush43 and three Clinton appointees one of whom is the Chief judge.

Senior judges are two Reagan and two Clinton appointees.

Here is the U.S.D.C. D.C. Local Rule about the secrecy of the selection deck that have in other smaller courts been simply a deck of cards.

SANCTIONS IMPOSED
(a)     COURT OFFICERS AND EMPLOYEES.
The Clerk or his/her designee may respond to or describe, in general terms, the process of
creating case assignment decks for the automated case assignment system. In addition,
the Clerk or his/her designee is also authorized to reveal the name of a judge assigned a
case and the procedure by which the assignment was made. No employee of the Court
may reveal to any other person, other than members of the Calendar and Case
Management Committee and the Chief Judge, any list that may show the composition of
any deck. No court employee may number or assign any case other than in the manner
provided in these Rules or in the manner ordered by the Calendar and Case Management
Committee. An employee who violates this provision may be subject to discharge from
service.
(b)     THIRD PARTIES.
No person shall directly or indirectly cause, or procure, or attempt to cause or procure, a
court officer or employee to reveal to any person, other than the members of the Calendar
and Case Management Committee, the sequence of the judges’ names within each block
of assignment cards, or to number or assign any case otherwise than herein provided or as
ordered by the Calendar and Case Management Committee. A violation of this Rule may
be punished as a contempt of court.
COMMENT TO LCrR 57.15(a): This amendment provides the Clerk’s Office with
sufficient latitude to generally discuss the creation of the case assignment decks.
Further, it permits the Chief Judge to be apprised of the composition of any deck.

We have just seen how a confederation like the EU cannot reach agreement about dealing with a country that is evidencing it wants to invade them all. The thing that the US has that is absent in the EU is the power of the President to conduct foreign affairs.  All foreign policy emanates from the US President.  The Senate advises and consents regarding ministers.  Nothing else.  It’s a ship with one captain.  Nations that lack this power are inherently weak.

We wanted a leader as strong as any King but subject to election and the Law.  We had a confederation and it didn’t work. The Constitution is our foundation and it gives great power to the duly elected President of us all and makes us a tough nut to crack.

Reconsider the current parliamentary system.  Create political subdivisions based on old established political/ethnic relationships. Those are your States.  Determine how large a lower house you want and divide the total Ukraine population by that number. Apportion them to the States by their proportion of the population.  Large states have more Representatives than small ones.

Give each state two upper chamber representatives like our Senators. That makes States with fewer people as powerful as the big ones.  Rhode Island, that is smaller than some farms in Ukraine, has the same Senate power as Texas or California.  This protects ethnic or political minority areas like Donbas.  If the majority ignores them they still have power to be heard disproportionate to their size.  When the US Constitution was formed there were political and cultural differences that made the citizens suspicious of the people from the other colonies.  The one thing they, like Ukrainians, had in common, is a power imperial force bent on destroying them all.

Give the lower house of Representatives the power to make war and the power over money, both taxes and spending.

Give the upper house Senate a final say on the lower house proposals as well as appointments of ministers.

Pay them all well.  Demand honesty and loyalty to the Constitution under penalty of Law.

Don’t call anyone a traitor unless they did something after the Constitution is enacted and then only if it is really terrible.

Ukraine, like Americans in 1775, have to fight a powerful imperial force to be and remain free.  Stick together.

You’ll all be fine.

Слава Україні

Tim in Honolulu

Gallipoli is one war movie I have never been able to sit through.  The tragic story of a WW-I battle involving Australian troops in service of the King, landing on the banks of the Turkish Straights only to be wiped out from the high ground by the Ottoman Turkish forces. Sad and frustrating beyond measure.

The Aussies are sending 50 police officers to guard the dead in Eastern Ukraine.  Good on ‘ya mates.