Donald Trump was impeached again. This time for inciting an insurrection. The storming of the Capitol left five dead and 120 officers injured.
Trump argued that the trial was unconstitutional. He could not be removed from office, the point of impeachment, since his term was over. If found guilty, Trump would have also been disqualified from holding any future office. If impeachment of a former president were unconstitutional it would provide a ‘January exception’, allowing presidents to commit any impeachable offence and evade accountability.
The senate refuted Trump’s argument and the trial proceeded. Fifty-seven senators found him guilty, 43 acquitted him. The two-thirds threshold required to convict was not reached – and Trump was let off the hook, again.
Feeling vindicated, Trump threatened his return. “In the months ahead, I have much to share with you. I look forward to continuing our incredible journey.” Despite the acquittal, the senate established precedent – no president will evade accountability.
Sadly, that’s not the case for Malta. When Joseph Muscat awarded Konrad Mizzi a €241,000 consultancy contract he was found guilty of abuse of power and breaching ministerial ethics. But Speaker Anġlu Farrugia ruled that the Parliamentary Ethics Committee had no power to proceed against “private citizen” Muscat.
According to his warped logic, since Muscat resigned, he couldn’t be held accountable. Farrugia presented MPs with an escape clause from scrutiny and judgement – through resignation.
Evading accountability seems to be the norm. Pierre Portelli, the former head of the PN’s media and Adrian Delia’s loyal aide, faces serious allegations about collusion with Yorgen Fenech.
Portelli allegedly maintained a close relationship with Fenech, which he exploited to Delia’s advantage.
In June 2019, Portelli allegedly asked Fenech to plant a story through his contacts at l-Orizzont to damage the MŻPN, which had the temerity to demand Delia’s resignation. Portelli’s story claimed that the MŻPN was taken over by David Casa and members of Occupy Justice.
Portelli allegedly also got Fenech to discredit Chris Said. He pressured Fenech to get an article, ‘Chris Said, interim leader sa Mejju?’, published as soon as possible in l-Orizzont. Fenech must have complied. On January 22, 2019, it was published on the front page.
In March 2019, Portelli allegedly requested financial help from Fenech to pay media.link’s salaries. Keith Schembri claimed that Portelli collected €20,000 per month from Fenech and Delia took €50,000 to damage Casa’s re-election prospects. Both Portelli and Delia denied the claims. But a magisterial inquiry is ongoing.
Fenech, in turn, allegedly asked Portelli to plant questions about James Piscopo’s remuneration. Piscopo, who served as Labour and Lands Authority CEO, tried to displace Schembri from his chief-of-staff post at a time when Schembri was seriously ill and receiving treatment. Schembri never forgave Piscopo.
Through Fenech, Schembri allegedly prompted Net journalists to ask questions about Piscopo.
Authorities confirmed that they received questions from journalists about the matter in 2019. Schembri also allegedly passed on to Fenech a note handwritten by Piscopo detailing movement of €600,000 in an offshore Jersey account, which the police are investigating.
Net news carried items relating to Piscopo on October 22 and 27, 2019. Delia spoke about Piscopo at least twice on October 6 and 12, 2019, after Portelli resigned his post as head of media.link. Portelli’s resignation letter read: “There are others within the PN that need to be exposed and shamed. I choose to do so as an outsider unshackled by an official post.”
The sordid spectacle of a cabal linking Joseph Muscat, Keith Schembri, Yorgen Fenech, Pierre Portelli, Adrian Delia and GWU’s l-Orizzont becomes increasingly plausible- Kevin Cassar
When challenged by journalists about links to Fenech, Portelli replied: “I am out of politics; I will not entertain any discussion related to my time in politics”, claiming his ‘January exemption’ despite still being a PN executive member.
He has since resigned. But even his resignation does not exonerate him from answering serious allegations of collusion with Fenech and Schembri.
Portelli was Delia’s trusted, devoted lieutenant. Delia was confronted about Portelli’s alleged chicanery. He was asked directly whether he knew about Portelli’s dealings with Fenech. “No, I was absolutely not aware and am still not aware of anyone’s chats with Fenech” was his impudent answer.
He did not deny knowing about the dastardly deals, only about the chats. He declined to comment further. Instead, like a cornered rat, he attacked the journalists for showing interest in Portelli’s despicable actions and his own inferred involvement and not in his Vitals court case.
Would Portelli have acted so maliciously without Delia’s knowledge? Most unlikely.
Did Delia ever condemn Fenech? Why is Delia focusing on Vitals but not on Electrogas? Was Delia being held to ransom? Could he have done otherwise?
If Fenech was on such good terms with Muscat and Schembri, is it implausible that they also knew about Fenech’s proximity to Portelli and Delia?
Schembri must have known of Fenech’s control of Delia and Portelli because the inquiries he requested about Piscopo were made. He knew about Fenech’s payments to Portelli and Delia, if his allegations are true. No wonder Labour worked so hard to defend Delia’s position and discredit his critics. They too had complete control of Delia.
Delia thinks he can evade accountability. He feels he can refuse to answer. The last time he did, his answers were false. “I don’t recall any communication which is of relevance with Yorgen Fenech,” he claimed. “Any communication was certainly before 17-Black.”
Well after 17-Black’s owner was exposed, Delia and Fenech were allegedly texting. “We are always behind you”, “This is not on you chief”, Fenech commiserated after the EU election disaster. When Fenech asked to meet up, Delia obliged: “I’ll ask Pierre to organise it.”
Delia’s refusal to answer legitimate questions is not new. But accountability cannot be evaded indefinitely.
The sordid spectacle of a cabal linking Muscat, Schembri, Fenech, Portelli, Delia and GWU’s l-Orizzont becomes increasingly plausible. How much longer before those magisterial inquiries conclude?
Kevin Cassar is professor of surgery and former PN candidate.