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Chip Burkitt

Once a Marine

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My dad had no choice about enlisting in the Marines. When he responded to his draft notice and presented himself at the induction center at Fort Hayes in Columbus, he found out that everyone who showed up that day would be going to the Marines. He and my mom were both young. They had been married about four years when he was drafted. My dad worked at a factory that made plastic tableware. The Korean War had started recently, and the country, as it too often does, needed young men to go to the other side of the world and fight. Dad traveled by train to Camp Pendleton near San Diego, California. He arrived on New Years Day 1952. My mom followed after he finished boot camp.

My mom, still very young at the time, told her kids about waiting for my dad in a parked car outside one of the barracks one day. It was early morning, and she could see through the windows into the barracks. One young man, plainly just arisen, stood up and stretched and yawned in front of the window, stark naked.

My dad’s first deployment was to Japan. After he got orders but before he left, my mom discovered she was pregnant with their first child, my sister, Marsha. My mom returned to her family in Ohio for the birth. My dad headed to Japan. While he was on the way aboard a troop transport, an armistice was signed, and the conflict was over. No one was sure it would last, so the US kept troops at ready in Japan in case the war started up again. My dad joined a church in Japan and watched at least one atomic bomb test on some remote island in the South Pacific. He brought back a children’s hymn in Japanese which we all learned growing up. Whether any actual Japanese speakers would recognize the words, I do not know.

Dad was also stationed in Hawaii for three years shortly after I was born. His original tour was shorter, but on arrival he learned that his posting had been made permanent, and his tour was automatically extended to two years. He urged my mom to use any means necessary to join him, and she did, making the trip when I was just a few weeks old. My next two sisters, Lani and Kathy, were born in Hawaii. Lani has a Hawaiian name, and Kathy was born a minute after midnight on January first, so she got mentioned in the local paper as the first baby of the new year. Just weeks after Kathy came along, we all moved back to California. My brother Mark was born in Ohio one year and one day after Kathy, and Robin was born in California. She was an infant when my dad left the Marines and returned with my mom and his six kids to Ohio. Two more children, Michelle and Lane, both born in Ohio, completed our family.

I was proud of my dad’s Marine duty. He had awards for sharpshooting and lots of ribbons and medals whose meaning I never knew or have long since forgotten. He had slides of the atomic bomb test he supported. I remember visiting him on post one time in California and being allowed to clamber up on a tank. He worked on heavy road machinery. Maybe he worked on tanks, too.

As I grew older, however, I found that the public image of the Marines did not jibe well with what I knew of my dad. He was certainly tough enough, and he had a never-say-die stubbornness which I believe is a heritable hillbilly trait. But he avoided conflict whenever possible, and he never exhibited that gung-ho ooh-rah commitment to honor and righteousness so characteristic of the popular image of the Marines. He did not have the starched, ramrod-straight bearing. He was stoic enough, but it was a laid-back stoicism that accepted misery with patient endurance rather confronting and overcoming it. He was not a fighter except in the most metaphorical senses. I have never in my life heard him use any of the seven vulgar words George Carlin made famous. I also have never heard him say anything disrespectful of women, which is amazing considering his history and generation.

I do not mean to imply that the Marines are made up of profane misogynists. Rather, there is a certain type of hypermasculine man, given to profanity and misogyny, who fits easily into Marine culture, despite official claims to the contrary. My dad was and is the antithesis of that kind of man. He spent nine years in the Marines, but the Marines were not for him. He realized that he could be deployed anywhere in the world at any time leaving behind a wife and six kids who would not know when or even if he was coming back. He did not want to raise a family that way. So he got out. Had he stayed in, he would have almost certainly gone to Vietnam. Despite wanting to stay in California, he did not see any job prospects there. Ohio did not look especially promising either, but he and my mom both had family there, so they moved back to Ohio.

They moved into a tiny house in Five Points, Ohio, with no hot water, a hand pump in the kitchen, and an outhouse. It was little more than a shack. My dad, despite his military experience (or perhaps because of it), had a hard time finding work. His first job was door-to-door salesman for Filter Queen, a position for which he was in almost every way unsuited. I still remember him demonstrating the vacuum for us. He put a few drops of some essential oil on the exhaust filter and filled our tiny living space with a pleasant scent while the vacuum ran. He also connected the hose to the exhaust side of the vacuum, turning it into a blower, and suspended a ping-pong ball in the flow of air from the crevice attachment. I was too young to know about the Bernoulli principle. The higher air pressure surrounding the air stream kept the ping-pong ball from leaving the stream. The floating ball looked like magic. It still does.

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More Thoughts on the Mueller Report

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Robert Mueller was in a quandary. On the one hand, qualified legal opinion prevented him from prosecuting a sitting President for criminal acts. On the other hand, his investigation had uncovered compelling and substantial evidence that the President had sought to obstruct justice and tamper with witnesses in multiple federal investigations into Russian interference in the 2016 US elections. Even determining that a crime had been committed could potentially weaken a future case against the President because it could be argued that the President was unfairly slandered when there was no official venue for him to clear his name or defend his integrity. Mueller therefore did the only thing he could do. He reported the facts and evidence in his investigation into obstruction of justice by the President without drawing a conclusion about whether his actions constitute a crime.

Mueller offers four reasons for conducting a thorough investigation without prosecuting the President or even determining whether he committed crimes.

  1. The Office of Legal Counsel (OLC) in the Justice Department issued an opinion that a sitting President could not be prosecuted because it would undermine his ability to fulfill the duties of his office. Since Mueller’s investigation was for the Department of Justice, he chose to abide by that opinion. The Constitutional duty of determining whether the President committed crimes and prosecuting them falls on the Congress, with the House of Representatives bringing articles of impeachment and the Senate acting as a judicial body for the trial.
  2. The OLC’s opinion still permits an investigation, and Mueller had broad authority under the Department of Justice to pursue his investigation wherever the evidence might lead. Since the OLC’s opinion applies only to a sitting President, charges may still be brought once he is no longer in office. A thorough and comprehensive investigation now preserves the evidence for later prosecution. This gives new meaning to Trump’s reiterated wishes that he might be President for life.
  3. Since no charges could be brought, it would have been unfair to determine that the President had committed a crime. Under normal circumstances, prosecution and public trial provides an opportunity for the person accused of a crime to explain their actions and present exculpatory evidence. The courts have held, for example, that naming persons in an indictment without also charging them violates their right to clear their name in a public trial.
  4. Despite being unable to bring charges or determine that a crime was committed, the investigation was unable to find that the President did not commit obstruction of justice. If they had, they would have said so. “Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.”

The facts and evidence presented in volume 2 of the report show that the President repeatedly and consistently sought to interfere both in the FBI’s investigation into Russian hacking of the 2016 election and in the special counsel’s subsequent investigation. He sought to influence FBI Director Comey’s conduct of the FBI’s investigation, eventually firing him because he could not obtain the result he sought. He also sought to curtail the Mueller investigation and urged witnesses to lie to investigators. The evidence is substantial and well-documented. The President even made public statements about his intentions.

The case against the President is serious and substantial. Charges stemming from it—if they are ever filed—would constitute federal felonies. Some members of Trump’s campaign and administration have already been charged with similar crimes and pleaded guilty or been convicted. Some are currently serving terms in federal prison. The question still to be decided is, “What are we, the People, going to do about the President?”

For many Trump supporters, of course, none of this makes any difference. They have already doubled-down on their support for him so many times that they are now blind and deaf to any fresh allegations of crimes he may have committed. It is all a conspiracy by the deep state. Even a cursory examination of Robert Mueller and his investigation, however, shows that such ideas are utterly unfounded. It would be hard to find a man of greater integrity in the conduct of his office. His investigation was thorough, painstaking, and by the book. If you have any doubts, read his report. Of all men living, only Trump could slander Mueller and be widely believed.

For the rest of us, our elected representatives in Congress have been handed a detailed case for impeachment. The only impediment to starting impeachment proceedings is political. Democrats have both a hope and a fear. They hope to win enough Senate seats for a majority in the Senate. They fear that impeachment proceedings could sway the election next November in Republicans’ favor. They might also be holding impeachment in reserve in case Trump wins a second term. If he does not win, he very probably will face charges in federal court. There will be no opinion from the Office of Legal Counsel to hold back federal attorneys from prosecuting him.

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Thoughts on The Mueller Report

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I’ve been reading The Mueller Report about the investigation into matters related to Russian interference in the 2016 election. There are two volumes. Volume 1 deals with crimes related to Russian interference in our elections. It details incidents and evidence that supports charges against various individuals and entities for tampering with our elections. None of those charged are Americans or members of President Trump’s campaign or administration. It also deals with incidents and evidence of crimes discovered in the course of the investigation, in particular lying to Congress and lying to the FBI concerning an ongoing investigation. Several members of Trump’s campaign and administration were charged. Nevertheless, the investigation did not find evidence of collaboration between the Trump campaign and Russian-backed organizations or individuals who interfered in our elections. There were a couple of questionable incidents, but it was not clear that any laws were violated.

Volume 2, which I have not yet finished, deals with the President’s efforts to end the investigation. I will need more time to discuss it, so I will only say now that it does not exonerate the President. Far from it.

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