Blog on the Run: Reloaded

Saturday, November 2, 2019 6:33 pm

So much for “no collusion”

Thanks to a lawsuit filed by Buzzfeed News, CNN and other outlets, some of the FBI interview forms (Form 302s) and emails that formed the basis for the report by special counsel Robert Mueller report have been made public. Reporters for those outlets have been digging through them all afternoon, tweeting one nugget after another. (More will be released each month for what could take years.)
But here’s the big picture: There is documentary evidence of presidential candidate Donald Trump telling his staff in 2016, “Get the emails,” referring to the emails hacked from the Democratic National Committee’s server. The records show that those emails were known to be the work product of Russian-allied entities, e.g., Wikileaks.
So what does that mean?
Telling your staff, “Get the emails” is the same thing as telling your staff, “Go collude.” Which is one HELL of a long way away from “no collusion.” It’s almost as much a long way from “no conspiracy.”
So why was this fact — excuse me, this SMOKING GUN — omitted or redacted from the Mueller report? And was the omission Mueller’s work, or FBI Deputy Director Rob Rosenstein’s, or then-Attorney General Jeff Sessions’s, or someone else’s? Because it looks like Trump’s guilty of conspiracy and whoever covered that fact up is guilty of obstruction of justice. And those documents still have been public for only a few hours.

Friday, November 1, 2019 7:33 pm

Adieu, Beto O’Rourke

Filed under: I want my country back.,Salute! — Lex @ 7:33 pm
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Earlier tonight, Beto O’Rourke announced that he was exiting the race for the Democratic nomination for president in 2020. He should have done so sooner, but I’m still glad he ran.

No matter what he said, this decision was all about money. He pulled out now because he had little left and no prospects of raising much more, as the next round of FEC filings will show. Although he was running third in the polls in Iowa, his single-digit support nationally did not bode well for a sustained campaign.

Still, it’s a damn good thing he ran. He centered his campaign on a number of issues that get way too little in-depth coverage: immigration, climate change, LGBTQ+ issues, and, especially guns.

He was the one Democratic candidate willing to say what needs to be said: There is no good reason for any American to be allowed to own military-grade weapons, and bans on ownership of such weapons have been found constitutional.

O’Rourke has a huge and loyal following as the result of his unsuccessful 2018 campaign to oust Republican Sen. Ted Cruz. But he says he will not be running for office.

That doesn’t preclude his being selected to be the running mate of the eventual Democratic nominee. And Texas, a Republican bastion for decades, has become increasingly purple. With O’Rourke on the ticket, it’s not impossible to think the Dem nominee could carry Texas, and if he/she did, it would be game over for Dolt 45.

But the same thing might be true of U.S. Sen. Sherrod Brown of Ohio, an already-established swing state.

I wish O’Rourke well in his personal endeavors and thank him for running. I just wish the half-dozen or more other Democratic candidates who have no chance of winning would do the same.

Tuesday, October 29, 2019 7:05 pm

U.S. Rep. Katie Hill, #MeToo and GOP hypocrisy

U.S. Rep. Katie Hill, D-Calif., abruptly resigned Sunday after news broke, and revenge porn surfaced, showing that she had had a sexual relationship with a campaign staffer. The lurid part, in addition to the aforementioned revenge porn (and more on which anon), was that the relationship apparently at least started out as a “throuple,” that is, with Hill and her husband, Kenny Heslep, jointly and willingly inviting the staffer to join them for sex.

Democrats immediately and properly decried the revenge porn. But a lot of them also said Hill shouldn’t have been so quick to resign. They argued that the revenge porn made Hill the victim in this scenario and that her soon-to-be-ex-husband, who Hill has said was “abusive” in their relationship, should be punished for distributing it. And they argued that the “success” of this revenge porn made it more likely that others would use the same tactic in the future.

Well, they were half right.

In light of the #MeToo movement, which sprung up about two years ago, Congress enacted a new code of conduct barring relationships between members and staff. (Campaign staff aren’t covered, but the inherent dangers are real whether the staffer is House or campaign. Besides, “Katie Hill shouldn’t resign because she slept with a campaign staffer rather than a Congressional staffer” is not a hill any half-smart Democrat should be willing to die on.) Hill admitted she had had such a relationship. That alone merits her resignation, or her expulsion had she not resigned, whether there had been nude photos or not. Indeed, her behavior had become the subject of a House Ethics Committee investigation by the time she resigned.

If Hill and Heslep had invited some consenting adult with no employment ties to the U.S. Congress or any member, I would have no problem with that and would argue that she should stay in office if she wanted to. That’s because I try to mind my own business when the public’s business isn’t compromised or potentially compromised or when a politician isn’t demonstrating rank hypocrisy in the juxtaposition of his public deeds and positions with his private actions. (Those who argue that Hill could have become the victim of blackmail probably didn’t realize, or care, that the blackmailer here was, according to Hill, her own husband. They’re also unconsciously validating our society’s practice of shaming women doing some of the same things men are applauded for in the sexual arena.)

But Democrats also are right to claim that there has been a significant double standard and point to U.S. Rep. Duncan Hunter, R-Calif., who has been indicted on campaign-finance charges and who allegedly used campaign funds to support extramarital affairs with at least five women, including lobbyists and congressional staffers. Hunter’s problems became apparent in 2018, when he was indicted. They grew worse when his wife pleaded guilty in June and named Hunter as a co-conspirator. Hunter has sat tight in his congressional seat, though. House Speaker Nancy Pelosi should have held an expulsion vote no later than when his wife turned on him this past summer, and that she has not properly grates on a lot of Democrats (and at least one unaffiliated voter).

Meanwhile, U.S. Sen. Al Franken, D-Minn., resigned from the Senate in January 2018 after several women accused him of touching them inappropriately prior to his Senate career. He was right to do it. But he resigned when Republicans like Hunter are staying in Congress after far worse abuses.

And then there’s the abuser-in-chief, who has admitted on video to serially sexually assaulting women (“When you’re a star, they let you”) and has been credibly accused of it by no fewer than 25 women. Granted, there’s no rule that a president should resign because of sexual misconduct. But why should Donald J. Trump be held to a lesser standard than members of Congress?

No one, irrespective of sex or gender orientation, should ever be forced by an employer to engage in unwanted sexual activity, or have unwanted sexual activity be made a condition of continued employment or promotion. The House rules, broadly but wisely, ban any kind of sexual relationship not just with members’ own staffers but also with ANY congressional staffer, so as to preclude even the possibility of sexual harassment. That’s as it should be, and Hill must live with the consequences, irrespective of the fact that she was the victim of revenge porn.

Oh, you thought I’d forgotten about that. I don’t know why any woman would allow herself to be photographed in a compromising position (actually, I do, but that’s a subject for another post). But those who do should be guaranteed the security of their privacy by those who possess the pictures, and betrayal of that privacy, already a crime in California, Washington, D.C., and elsewhere, should be a felony with mandatory prison time.

(Conservative news outlets are having a field day with this story, not least because they like giving women no benefit of any doubt. Hill, the first openly bisexual person to serve in Congress, was a natural target. Anna North of Vox does a good job of examining this double standard at the end of this article.)

 

 

Sunday, October 27, 2019 7:57 pm

And the Panthers come crashing to Earth

Filed under: Panthers — Lex @ 7:57 pm
Tags: , , ,

I didn’t watch the Panthers-49ers game. (Traveling.) But I didn’t have to. ESPN score updates and brief snatches on the radio told the story: In losing to the 49ers 51-13, the Panthers show that they are a bad team.

Kyle Allen’s 4-0 winning streak and low number of interceptions had a lot of people thinking he was the QB1 of the future, and for salary-cap reasons, he might yet be. (The Panthers would have only $19 million in dead money if they don’t renew Cam Newton’s contract after next season, and the Panthers would have to sign him to an expensive, long-term contract if they want to keep him.)

But good QBs don’t go 19 of 37 for 158 yards, no TDs and three picks.

Good teams don’t allow the opponent’s RB1 to run for three TDs and catch a fourth, especially when the opponent’s starting offensive tackles and fullback all are out with injuries. The Panthers rank 27th in the league in rush defense and have given up a league-worst 12 rushing TDs.

Good teams might lose to a team as good as the 7-0 49ers, but they don’t lose by 38 points.

Christian McCaffrey had a 40-yard TD run and 117 rushing yards on the day. But he cannot carry this team. The O-line cannot continue to give up seven sacks in a game no matter who’s lined up behind center.

One thing was made obvious today: The Panthers’ best chance to win is with a healthy Cam Newton under center. But the last time he was healthy any length of time was four years ago. And the defense, whether in 3-4 or 4-3, simply cannot stop the run.

This team has serious problems. Of the four teams they have beaten, only one, Houston is any good.  And this was a team supposedly built to win the Super Bowl this year.

Head Coach Ron Rivera is going to have to fix problems on both sides of the ball, particularly the O-line — he said after the game, “Problems will be addressed,” but he always says that after a loss — and pray for Newton’s prompt return. Otherwise, he’s gone after this season and he won’t be the only one.

 

 

Wednesday, October 23, 2019 6:22 pm

Sure, you can riot … if you’re a white Republican

Once again, the GOP has proven itself literally lawless. Let’s be very clear about what happened today. The Republicans who attempted to get into the Sensitive Compartmented Information Facility in which three House committees are taking depositions and testimony from witnesses in the impeachment investigation BROKE THE LAW. Several took their cell phones into the facility and even “broadcast live,” violating security regulations.

Republicans are fond of talking about a “secret impeachment,” and unfortunately, even a few journalists have started using that phrase. There is no secret impeachment. There is a secret impeachment INVESTIGATION, just as there was before articles of impeachment for Bill Clinton were publicly discussed and voted upon. The only difference is that Clinton’s investigation was conducted by a special prosecutor (which the GOP-controlled Congress sought and the Clinton Justice Department granted), while Democratic House members and staff are conducting the investigation by themselves because the Trump/Barr Justice Department would not appoint a special prosecutor.

(Republicans also are insisting that for an impeachment investigation to be “official,” the full House must vote on it. The Constitution says no such thing. They’re counting on your not knowing that.)

If the investigation recommends articles of impeachment, any discussion or vote on those articles, in committee or in the full House, will be conducted on live TV, and Republicans know it. They just hope you’re not as informed as they are.

Moreover, both Republican and Democratic members of all three committees already are present in the SCIF, and Republicans are getting equal time to ask witnesses questions. They complain of leaks by Democrats, and that’s a legitimate complaint. But the absence of leaks by Republicans, even to such reliably Trump-friendly outlets as Fox & Friends, Breitbart or Tucker Carlson tells you all you need to know about the substance of what the committees are hearing.

Knowing this, and having no other way to stop the hemorrhage of damning information about Trump, Republicans today simply rioted to disrupt the hearing.

This isn’t the first time such a thing has happened. During the disputed Florida election of 2000, Republicans sent Congressional aides to literally throw a temper tantrum (when it’s not white boys doing it, we say “riot”) outside one location where recounts were under way. The so-called Brooks Brothers Riot in Florida during the 2000 election recount actually succeeded in stopping a recount that was finding more and more unread ballots actually to have been votes for Democratic candidate Al Gore.

The Republicans stole the presidency in 2000. They stole the presidency again in 2016. They’re trying to do it again in 2020. We cannot allow that.

In impeachment, remember, the House acts as a grand jury, considering whether to effectively indict the president (or other high federal officials) on charges, on which the Senate acts as jury in holding a trial. An ordinary defendant with an ordinary grand jury doesn’t even get to see or hear witnesses, let alone confront and cross-examine them. In an impeachment proceeding, the Republicans will be able to cross-examine witnesses and perhaps even offer their own, if the Democratic majority allows them to subpoena them.

They shouldn’t bother. Trump’s Emoluments Clause violations are a matter of public record, and his abuse of office in hinging military aid to Ukraine on that government’s willingness to dig up dirt on the son of a possible Democratic challenger was nailed down as a quid pro quo by former Ambassador Bill Taylor in his testimony Tuesday. No witness can exculpate him.

But just as important is the Republicans’ willingness to break the law to bring about their desired political result. House Democrats should vote to censure every Republican who took part in today’s disturbance, and Speaker Nancy Pelosi should order suspended for a week without pay any congressional staffers who took part in the disturbance. She needs to make clear that we, the American people, will have law and order, Trump’s gangster instincts and corrupt government cronies like Bill Barr be damned.

Wednesday, October 16, 2019 5:28 pm

Why civilization is overrated and other interesting facts

Friend Dan Conover has some insights into how disease has affected civilization. He’s also got the lede of a lifetime: “In honor of Indigenous Peoples Day, I’m here to talk about everyone’s favorite topic: disease.”) Some I knew about; many I did not. Worth a read. (No, I haven’t read Guns, Germs & Steel. Yes, I am a bad person for that. But it’s on my list.)

Friday, October 11, 2019 7:36 pm

End of an era: Shepard Smith quits Fox News #ShepSmith

I wonder to what extent Bill Barr’s recent meeting with Murdoch influenced Smith’s thinking. That said, he has been a small ray of sanity at an otherwise diseased news outlet for a long time. Put another way, journalistically speaking, he has served his time in hell. I admire his decision and wish him all the best in the future.

Saudi stupidity

So Orange Julius is sending more U.S. troops to Saudi Arabia. I would point out that 1) U.S. troops in Saudi Arabia is what brought about the 9/11 attacks in the first place, 2) Saudi Arabia funded those attacks, 3) the House of Saud are some of the vilest people on the planet, which is saying something; 4) Saudi Arabia can damned well afford its own military defense, and 5) Saudi troops were definitely not with us at Normandy.

Also: Not one American voted for this. #ImpeachNow #LockHimUp #HangHimHigh

Thursday, October 10, 2019 6:55 pm

If you stay alone with depression, that’s how depression wins

I’ve suffered from chronic depression and generalized anxiety disorder since my early teens, although the depression wasn’t diagnosed until I was 36 and the anxiety wasn’t diagnosed until I was 53. So if you’re feeling bad — REAL bad — I know exactly what that feels like.

It has taken years, but I’m finally on the right mix of meds: They work, except when they don’t. And when they don’t, I know I have to tell someone.

Today’s National Mental Health Awareness Day. If you’re feeling bad, talk to somebody — a friend, a doctor, hell, ME if you haven’t got anyone else you like better. But talk to somebody. Staying alone with depression is how depression wins.

If you want to talk to someone but aren’t sure where to start, call the National Suicide Hotline: 1-800-273-8255. If you’re a veteran, they’ve got people who understand your unique problems, too.

Just grab your phone and call. It’s a lot harder for depression to win when you’re talking to somebody.

Thursday, October 3, 2019 7:48 pm

Turn the lights on when you do it

I don’t know where the notion arose that the Senate, were Dolt 45 to be impeached, should cast secret ballots on whether or not to convict him. But it’s an awful idea.

Would it be constitutional? Apparently. Although Article I, Sec. 5 requires Congress to “keep a Journal of its Proceedings, and from time to time publish the same,” it also exempts “such Parts as may in their Judgment require Secrecy.” So Senators apparently could vote in secret, although, importantly, it would take a vote of only one-fifth of senators present to record “the Yeas and Nays of the Members of either House on any question” into the journal of proceedings, known today as the Congressional Record.

But why would anyone want the Senate to hold a secret vote in an impeachment trial?

The reason is that some Democrats — I have no idea how many — believe that if the vote were secret, enough Republican senators (at least 20 would be required) would join with the Democrats in voting to convict and remove Trump. This idea holds that the only thing keeping these 20+ Republicans from so voting is fear of being primaried.

Now, this is a fine notion except for the fact that there’s not a shred of a reason to believe it is true. Not one Senate Republican has done anything more than suggest that maybe Trump shouldn’t be doing some of the things he’s doing — and not many have done even that. Mitt Romney of Utah has mildly criticized some of Trump’s actions, but he has taken no position on impeachment and is bloody unlikely to. The notion that 20 or more Republican senators are just waiting for a cloak of anonymity under which to convict and expel Trump is a pretty fairy tale, nothing more, and those spreading it clearly haven’t paid attention to the behavior of the Republican Party since 1994 and particularly since 2008.

I further suspect that pro-Trump Senate Republicans would insist on a recorded vote to scare their colleagues into voting to acquit Trump. That’s a legit concern, and if all 100 senators are present, it would take only 20 out of the 52 Senate Republicans to force a recorded vote.

But there’s a principle here that outweighs the practical and political decisions.

An impeachment vote in the Senate competes with a declaration of war as the most important vote a senator ever will cast. Citizens deserve to know who voted how so that they can reward their senators or hold them accountable, as they see fit. It is not the kind of people’s business that should be conducted in the dark, ever. On a matter of such import, every senator should be prepared to defend his/her vote publicly. Anything less makes us less than the democratic republic the Framers bequeathed us and should be rejected, even if it really would make it more likely that history’s worst U.S. president would be removed from office.

 

 

 

Monday, September 23, 2019 10:07 pm

Panthers 38, Cardinals 20

Filed under: Panthers — Lex @ 10:07 pm
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I think my 21-year-old daughter said it best: “This game is just showing us how LONG Cam (Newton) has been hurt.” And you know what? She’s right.

In hindsight, it appears that Newton hasn’t been fully healthy since the 2015 season. Because, while the Arizona Cardinals defense is no better than mediocre, a healthy Kyle Allen was able to execute Norv Turner’s offense – and not a baby version, but much of the real deal – in such a way that the offense racked up points the way it had been expected to but had not done so far this season.

Tight end Gregg Olsen, coming off two straight seasons with foot injuries and a bad back last week, caught six passes for 75 yards and two TDs. RB Christian McCaffrey ran for 153 years, including a 75-yard TD run, the longest such from scrimmage in Panthers’ history. And WR Curtis Samuel showed signs that he’s going to have the breakout year Panthers fans had hoped for, catching five of seven targets for 53 yards. Those catches included a TD in the back right corner of the end zone and a first-down catch on the sideline at the Cardinals’ 2.

The Panthers’ O-line play was significantly better than it had been in the first two games on both run and pass plays. And the defensive front seven, supposedly the best in the league, finally showed it, sacking Cardinals quarterback Kyler Murray eight times. Murray was held to 173 passing yards. The Panthers’ run D still looked questionable, giving up 121 yards, but it didn’t look nearly as bad as in Weeks 1 and 2.

I wrote earlier that I didn’t believe the Panthers’ QB2 was on the roster yet. I’m not ready to abandon that position completely. But Kyle Allen went out, executed the plan, and racked up 38 points with a wide variety of offensive teammates. I’m happy to give him that. Now let’s see how he does in his next start at Houston.

 

 

Sunday, September 15, 2019 6:36 pm

Brett Kavanaugh, redux

A new New York Times story brings forward another account of Brett Kavanaugh’s sexual assaults, illustrates just how badly the GOP tried to prevent a through investigation of the allegations against him, adds evidence that Kavanaugh lied to Congress during his confirmation hearings, and illustrates just how pustulently corrupt the 21st century GOP has become.

New York Times reporters Robin Progrebin and Kate Kelly published a story in Saturday’s New York Times about Deborah Ramirez, a woman who alleges that when they were students at Yale in the winter of 1984, future Supreme Court nominee Brett Kavanaugh “pulled down his pants and thrust his penis at her, prompting her to swat it away and inadvertently touch it.”

The story points out that another woman, Christine Blasey Ford, accused Kavanaugh of more serious behavior, saying that Blasey Ford “claimed that he pinned her to a bed, groped her and tried to remove her clothes while covering her mouth.”

Blasey Ford’s accusation was more serious, the Times pointed out, but Ramirez’s allegation proved easier to corroborate:

During his (2018) Senate testimony, Mr. Kavanaugh said that if the incident Ms. Ramirez described had occurred, it would have been “the talk of campus.” Our reporting suggests that it was.

At least seven people, including Ms. Ramirez’s mother, heard about the Yale incident long before Mr. Kavanaugh was a federal judge. Two of those people were classmates who learned of it just days after the party occurred, suggesting that it was discussed among students at the time.

We also uncovered a previously unreported story about Mr. Kavanaugh in his freshman year that echoes Ms. Ramirez’s allegation. A classmate, Max Stier, saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student. Mr. Stier, who runs a nonprofit organization in Washington, notified senators and the F.B.I. about this account, but the F.B.I. did not investigate and Mr. Stier has declined to discuss it publicly. (We corroborated the story with two officials who have communicated with Mr. Stier.)

Kavanaugh denied these and other allegations at his truncated Senate confirmation hearing, and he was confirmed by the narrowest vote in more than a century. But this report reaffirms not only how the GOP greased the skids of Kavanaugh’s confirmation by preventing a full and through investigation, but also how likely it is that Kavanaugh committed perjury during that confirmation hearing:

Ms. Ramirez’s legal team gave the F.B.I. a list of at least 25 individuals who may have had corroborating evidence. But the bureau — in its supplemental background investigation — interviewed none of them, though we learned many of these potential witnesses tried in vain to reach the F.B.I. on their own.

Two F.B.I. agents interviewed Ms. Ramirez, telling her that they found her “credible.” But the Republican-controlled Senate had imposed strict limits on the investigation. “‘We have to wait to get authorization to do anything else,’” Bill Pittard, one of Ms. Ramirez’s lawyers, recalled the agents saying. “It was almost a little apologetic.”

Of course the Republicans didn’t want Kavanaugh thoroughly investigated, because here’s just a little of the damning information about him that I was able to assemble from public sources on Sept. 7, 2018:

Let us start with perjury, which has been exposed by some of the very documents from Kavanaugh’s time in the Bush 43 White House that the Trump Administration has been so reluctant to release. (Those records are public under the law, by the way.)

He has denied receiving documents stolen from the Senate Judiciary’s Democratic staff by a GOP staffer, Michael Miranda, in 2002, only to have those copies of those documents sent to him from Miranda show up in his White House email. Yet in 2004 and 2006, he denied under oath ever receiving those documents. Sen. Patrick Leahy, ranking Democratic member of the Senate Judiciary Committee, personally called him out on it.

Sen. Patrick Leahy

@SenatorLeahy

BREAKING: Kavanaugh testified he never received any docs that even “appeared to … have been drafted or prepared by Democratic staff.” Well, he got 8 pages of material taken VERBATIM from my files, obviously written by Dem staff, LABELED “not [for] distribution”.

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16.9K people are talking about this

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Kavanaugh also in 2006 denied knowing anything about President George W. Bush’s (then-illegal) warrantless domestic wiretapping program until The New York Times first reported publicly on the existence of the program in 2001. Yet among documents released this week was this email from Kavanaugh to all-around Bush Administration war criminal John Yoo on Sept. 17, 2001, discussing the program.

Also in 2006, Kavanaugh denied under oath having been involved in any White House discussions related to torture. But Sen. Dick Durbin, D-Ill., the same senator to whom Kavanaugh gave his 2006 denial, said Thursday that released documents indicate that Kavanaugh took part in such discussions at least three times.

During his own 2004 confirmation hearing, Kavanaugh denied under oath any involvement in the selection of William Pryor for the 11th U.S. Circuit Court of Appeals. Once again, the documents show otherwise: Kavanaugh helped pick Pryor and get him confirmed.

Similarly, in 2006 Kavanaugh denied under oath having been involved in the selection of Charles Pickering for a federal judgeship, only to have documents pop up more recently that say otherwise.

Kavanaugh also may have misled a lot of people about his recent $200,000 in what he said was credit-card debt. That debt disappeared pretty quickly before his nomination, and because he and his wife both work for the government and don’t make a ton of money by Washington standards, it’s not clear how that happened.

That’s not the only question about that debt, though. This Kavanaugh email seems to suggest that he was a gambler. Frankly, that sounds a lot more plausible than his original story, which is that he ran up that debt because friends had been slow to repay him for purchases of Washington Nationals season tickets on their behalf. Who fronts friends $200,000 on an annual salary of only about $174,000?

Finally, Kavanaugh’s lies about the stolen Democratic records might not just leave him exposed to perjury charges, he may face other charges as well, such as receiving stolen property. Leahy explains it in this Twitter thread.

Republicans’ responses to both the old and the new information have generally divided themselves into these categories:

Americans are tired of the mob justice based on 3rd &4th party witnesses coming out decades later, near an election. Just stop. Yeah, except for the part where Americans not tired of it in 2018 — indeed, they were so not tired of it in 2018 that they unseated 29 Republican congresscritters and seized another 14 open seats previously held by Republicans.

Are we really going to call exposure a crime now? Yeah, we are. Welcome to the 21st century. Hell, welcome to 1984, when it was also a crime.

Should we all be held accountable decades later for stupid behavior? Yes, we should! Because that’s how we stop the “stupid behavior” — the sexual assault, which isn’t just “stupid behavior,” it’s a goddamned crime.

And then there’s this: Kavanaugh was asking to be seated not just to any federal court, but to the highest court in the land. I don’t think it’s unreasonable to expect any candidate for a seat on the federal bench, and on the high court in particular, to have led a blameless life. Not “perfect,” because nobody is perfect. But blameless. There were plenty of other Republican candidates for that seat who have led demonstrably blameless lives. But it has been a particular characteristic of the Trump administration to appoint people to all sorts of federal jobs who have NOT led blameless lives — whether because Trump wants to be able to manipulate them or simply whether criminals love company, I don’t know. Nonetheless, it’s an obvious tend that needs to be called out.

#MeToo is hurting real sexual-assault victims more than it’s helping. Prove it. Read “She Said,” by Jodi Kantor and Megan Twohey. Read “Catch and Kill,” by Ronan Farrow. Educate yourself.

What about “innocent until proven guilty”? Oh, THROW me in that briar patch. Lying to Congress is a crime, whether you’re under oath (18 USC 1621) or not (18 USC 1001). So let’s do this. Let’s have a complete, full, thorough, FAIR investigation of the allegations against Brett Kavanaugh. Republicans didn’t allow that in 2018 because they knew damned well where it would lead: with Kavanaugh under indictment and likely a number of them charged as co-conspirators.

And one other thing: A Senate confirmation hearing is not criminal court. “Innocent until proven guilty” in this context, while not completely irrelevant, is not a bedrock standard. In such a hearing, U.S. senators are asked to decide — on the basis of what, more often than not, is an incomplete and perhaps even manipulated record — whether the president’s nominee is fit for office. They have to ask themselves, on the basis of incomplete information, “Based on what I know, do I believe that this individual will serve the long-term public interest?”

In point of fact, the overwhelming majority of presidential appointments subject to confirmation since 1789 have been confirmed, and the number of those appointments who were damaging, while not trivial, has been a remarkably small portion of the whole. But there is plenty of room in constitutional jurisprudence for senators who suspect malfeasance, or who simply just aren’t sure, to vote no.

Anyone who’s not comfortable passing judgment on Brett Kavanaugh for incidents that happened 35 years ago is welcome to pass judgment on Brett Kavanaugh for incidents that happened ONE year ago, when he, a grown-ass man and a candidate for the highest court in the land, lied under oath to Congress. Now, Congress could impeach him, or it could refer his case to the Justice Department for a criminal investigation because sitting SCOTUS justices, unlike sitting presidents, can be impeached. Given Attorney General William Barr’s absolute determination to treat DOJ like Donald Trump’s personal law firm, I honestly don’t know which is the best way to go. But the evidence in the public record suggests pretty strongly that Brett Kavanaugh is a perjuring sumbitch who belongs in prison.

Oh, and, hey? It suggests the same thing about Clarence Thomas. So let’s have full, fair, thorough investigations of both, while the witnesses are still alive.

Wednesday, September 11, 2019 9:40 pm

If you have to cheat to win, your ideas suck, Part 8,264

So this morning, on the 18th anniversary of the 9/11 terrorist attacks, the Democrats in the N.C. General Assembly went to a 9/11 memorial. While they were doing that, the Republicans who control the General Assembly, having told the Democrats that no substantive votes would take place this morning, voted anyway to override Democratic Gov. Roy Cooper’s veto of the GOP’s state budget.

It is important to note that the Republicans could not have won on this issue without cheating. Republicans had sought for weeks to get Democrats to join them in voting to override by offering pork-barrel spending for their districts. Even that dishonesty failed to get them the necessary majority, so they simply cheated.

One of the biggest lessons of this decade’s low, deceitful politics has been that norms and customs are meaningless unless they are codified into criminal law with harsh penalties. That has been true at the federal level, with everything from the GOP theft of a Supreme Court seat to serial contempt of Congress, and it obviously is now true at the state level as well. Henceforth, here in North Carolina, deceiving the legislative minority about when substantive votes will occur must be treated as a capital crime, because apparently being hanged on the steps of the Old Capitol Building is the only deterrent that will keep Republicans from cheating.

And the thing about cheating? If you have to cheat to win, your ideas suck, which is relevant not only in this case but also in the case of the special election for U.S. House District 9, held on Tuesday. Republican Dan Bishop appears to have pulled out a very narrow win in a district Trump carried by 12 points in 2016, but here’s the thing: Anyone who knows jack about Robeson County politics knows that this massive shift among Native American voters from pro-Democratic in 2018 to pro-Republican in 2019 is simply inexplicable. I’m not saying that this proves election theft, but I am saying that we badly need a thorough election audit, and that that audit should start from the defensible presumption that the statistical odds against such a pro-GOP shift in Native precincts in just eight months are astronomical.

One last lesson for Dems and unaffiliated voters: You can never, ever, EVER again, in your lifetimes, assume the honesty of Republicans, not in Washington and not in Raleigh. Just assume that they are lying. About everything.

“For Thou art with us …”

Filed under: Sad — Lex @ 7:35 am
Tags: ,

As is my custom on this day, I’m going back to read Sarah “Sars” Bunting’s post-9/11 essay, “For Thou Art With Us,” and I strongly urge you to do the same.

Tuesday, September 10, 2019 7:30 pm

UNC’s Hussman School of Journalism and Media: $25 million — for a mission or a mess of pottage?

I’m not going to lie: The naming gift of $25 million to my alma mater, the University of North Carolina’s journalism school, got my attention. Even for UNC, this is a big gift, something to celebrate, and so much more so for the j-school, with its invaluable mission of public service. Dean Susan King and the faculty, staff, students and alumni should be very proud. The school will be known henceforth as the Hussman School of Journalism and Media.

Before today I had never heard of the donor, Walter Hussman Jr., chairman of WEHCO Media Inc., which owns newspapers, cable television systems, and magazines in a number of states. I had, however, heard of the work of some of the WEHCO newspapers, notably the Arkansas Democrat-Gazette and the Chattanooga Times Free Press. To my knowledge and that of some friends in those markets, those papers have tried to maintain credible news coverage at a time when creditors and banksters have been forcing a lot of other papers to eat their seed corn and worse. So, maybe he really understands the value of aggressive accountability journalism and its indispensability in a constitutional republic and intends to help the j-school better teach students how to carry out that mission.

He says his top goal is “restoring the bond of trust between media and the public,” and he says he believes that the way to do that is to abide by the “core values” that undergird, and are printed daily in, his newspapers. They are:

Impartiality means reporting, editing, and delivering the news honestly, fairly, objectively, and without personal opinion or bias.

Credibility is the greatest asset of any news medium, and impartiality is the greatest source of credibility.

To provide the most complete report, a news organization must not just cover the news, but uncover it. It must follow the story wherever it leads, regardless of any preconceived ideas on what might be most newsworthy.

The pursuit of truth is a noble goal of journalism. But the truth is not always apparent or known immediately. Journalists’ role is therefore not to determine what they believe at that time to be the truth and reveal only that to their readers, but rather to report as completely and impartially as possible all verifiable facts so that readers can, based on their own knowledge and experience, determine what they believe to be the truth.

When a newspaper delivers both news and opinions, the impartiality and credibility of the news organization can be questioned. To minimize this as much as possible there needs to be a sharp and clear distinction between news and opinion, both to those providing and consuming the news.

Sounds nice, right? Well, as always, the devil is in the details.

Devil the first: “Objectivity” is a myth; true objectivity is rarer than true love. The best a journalist can do is to be aware of his/her own biases and test them whenever possible.

Devil the second: “Impartiality” has remained, for decades too long, an imperfect goal because in so many cases “impartiality” has been interpreted as the need to provide a platform for nonsense. Pointing out that gravity is “only a theory,” while true, isn’t impartial: If you step off the ledge, you’re going to fall to your death no matter what you think of that theory. Pointing that out not only does not make one partial; it fulfills the journalist’s duty to the reader not only to produce accurate journalism but also to filter out dangerous bullshit. (This Twitter thread, which I just happened upon today, is a fine example of the latter.)

Accordingly, devil the third: Impartiality is NOT the greatest source of credibility. Truth-telling, without fear and particularly in the face of hostile opposition, is the greatest source of credibility. When your reporting accurately reflects people’s lived, experienced realities, that is when you are seen as credible. This is particularly crucial for journalists who report on the communities in which they live; if they get something wrong, they’re  likely to hear about it, quite possibly live and in concert.

Which brings us to devil the fourth: Hussman says that truth is “not always apparent or immediately known.” Two responses to that: 1) Yeah, sometimes it is. Frequently, it is. It only seems like it isn’t because this era is rife with grifters who will blithely say to journalists and the public alike, “Who you gonna believe, me or your lyin’ eyes?” Journalists must not ever allow themselves to be misled or intimidated by them. 2) A good journalist will always tell readers not only what he/she knows but also what he/she does not know but needs, or has tried unsuccessfully, to find out. He/she might even enlist the public’s help in getting it.

Devil the fifth: Hussman says, “Journalists’ role is therefore not to determine what they believe at that time to be the truth and reveal only that to their readers, but rather to report as completely and impartially as possible all verifiable facts so that readers can, based on their own knowledge and experience, determine what they believe to be the truth.” Well, no; not all possible verifiable facts are relevant. But grifters have spent decades convincing the American public, and way too large a segment of American journalism, that they are; thus the rise of the tu quoque logical fallacy known as “whataboutism.”  Journalists do not owe their readers all the facts; rather, they owe their readers contextual accuracy and must ensure not only that their facts are accurate and complete but also that the context in which they place those facts accurately reflects the conditions in which those facts occur.

Devil the sixth: Hussman insists on keeping a sharp and clear distinction at all times between news and opinion, “both to those providing and consuming the news.” In general that is true, but it is not a universal truth. Indeed, it ignores the strong tradition in the past half-century or so of advocacy journalism. For just one example, no one ever will accuse the late Hunter S. Thompson of keeping a sharp and clear distinction at all times between news and opinion, but Nixon scholars still read Thompson 50 years after Nixon took office and will still be reading Thompson 100 years after Nixon died. Such journalism is hard to pull off well, particularly for new journalists, but as long as journalists are forthcoming with their readers about their sources, methods, and motivations, readers of good will will find their reports credible even if they don’t agree with the message. (And for readers who lack good will? Nothing a journalist can do will ever be enough to convince them. Give up on them.)

Which brings us to devil the last: Perhaps I am wrong, but I fear it is but a short step from Hussman’s “core values” to the kind of journalistic silence that is ethically insupportable. If the First Amendment means anything, it means that the people — and not just working journalists, but all of us — are to use our powers of expression to hold the powerful to account for their actions. But for too many people in and outside of journalism, objectivity too often means silence, even when silence is assent. Any news outlet that remains silent in the face of attempts to deny human beings their human rights, to convert our country to fascism, to lead us down the road to genocide, to ignore the apocalyptic climate change that likely will destroy much of civilization, is intellectually exhausted, morally bankrupt, and unworthy of the freedoms and powers granted it by the Framers.

If Hussman has given a second’s thought to the media ecosystem in which we now live — one that blurs news and entertainment, one that skews heavily toward the perspectives of the wealthy, one in which politicians and media figures alike happily work to destroy the notion of objective reality in which Hussman places such value, one in which news-media officers are perfectly happy to mislead the public to rob that same public and damage our democratic underpinnings — his values do not reflect it. Sure, pointing a live TV camera at a Donald Trump and letting him rant for an hour is “impartial” and “objective,” but it’s awful journalism. Recall what CBS CEO Les Moonves said in 2016 of his network’s coverage of then-presidential candidate Trump, which ran long on live shots of Trump’s racist, fact-free ravings without any sort of challenge or attempt to contextualize: “It may not be good for America, but it’s damn good for CBS.”

We live in an era in which our own intelligence services believe that the Oval Office is occupied by an agent of a hostile foreign power. We live in an era in which $27 trillion in proven carbon resources remain in the ground, with industry bribing the government to be able to monetize every last bit and lying to the public without consequences about the likely damages. We live in an era in which actual Holocaust survivors, as well as Ben Ferencz, the last surviving prosecutor from the Nuremberg war-crimes trials, and most Holocaust experts, believe that not only are we on the same road Nazi Germany traveled, we are farther down it than most people understand. Our journalism has a constitutional duty to be more than equal to those challenges.

Does Hussman intend to see to it that the journalists and academicians he employs and the students his money helps train will not only be truthful, fair and accurate, but also be morally and ethically upright — and that they will push their respective bosses, instructors, students, and institutions to be as well?

If so, then his $25 million gift will end up being worth far more than that. But as they say, if your mother says she loves you, check it out.

 

 

 

Sunday, September 8, 2019 5:45 pm

Rams 30, Panthers 27

This game was nowhere near as close as the score indicates. It was a winnable game that the Panthers gave away.

Christian McCaffrey ran 19 times for 128 yards and 2 TDs. Credit is due both to him and the greatly improved run-blocking of the O-line. He also had 10 catches on 11 targets for 81 yards.

But after a great-looking opening drive that was strangled by a lost D.J. Moore fumble in the red zone, the passing game never really got going. Cam Newton finished just 25 of 38 for 239 yards, no TDs and two turnovers, a pick and a lost fumble. He completed only four of nine targets to the guy who’s normally his favorite target, tight end Gregg Olsen, throwing off his back foot and over Olsen’s head twice on consecutive plays. The O-line allowed three sacks against a Rams D that didn’t blitz much.

As for the Panthers’ D, after the team finished 28th in sacks in 2018, the much ballyhooed, remade front seven had zero sacks and only three tackles for loss. (Corner James Bradberry had the fourth, to go with a pick.) First-round edge rusher Brian Burns had one tackle for a loss, and although it was impressive, it was his only tackle of the game.

This team was built to win it all this year, but today’s game made clear that this not a Super Bowl team. It’s hard to say what the Bucs will do, but if the Falcons get their awful defense to be even a little better, the 2019 Panthers might not even be a wild-card team. And if they’re not, the reckoning that will follow, and the losses during rebuilding that will follow that, will be so ugly that this team might not make the playoffs again for another few years.

Monday, September 2, 2019 11:07 am

911 says you can’t call them anymore

Brock Long, who served as Dolt 45’s head of the Federal Emergency Management Agency from June 2017 to May of this year, says FEMA can’t do its job and that it’s up to us:

“we have to refocus the training” to better equip citizens in terms of disaster preparedness, including emphasizing that “insurance is the first line of defense.”

“Until Congress starts to incentivize putting building codes in place and land use planning in place, incentivizing states and locals for ensuring their public infrastructure, FEMA’s job is impossible,” Long said.

“We have to set realistic expectations for the agency and really bolster the capability from neighbor helping neighbor all the way to the Federal Emergency Management Agency,” he added.

Insurance is the first line of defense against a Cat 5 hurricane? Brock, son, you’re gonna have to ‘splain that to me. Use small words, because it sounds a lot to me like sending Paul Revere out after the British have already landed, burned our farms and slaughtered our livestock.

See, FEMA has a history — an uneven history that has varied significantly depending upon who was in the White House and which party controlled Congress. FEMA sucked under Bush I (cf. Hurricane Andrew in 1992), got dramatically better under Clinton, got lousy again under Bush II (cf. Katrina in 2005), got better again under Obama, and is being sabotaged once again by Dolt 45, as residents of Puerto Rico and southeastern North Carolina know all too well.

This is part of a larger trend by post-Nixon Republicans: They tell Americans that government is the problem rather than the solution, and when they get power, they work very hard to turn that statement into reality by under-funding agencies, staffing them with incompetent administrators hostile to the agencies’ missions, and, in the case of Trump, forcing key agency personnel to leave in droves by planning on short notice to move agencies’ work a long distance for no reason.

Currently, FEMA is incompetent and has no interest in becoming competent, and this “president” not only has no interest in their being competent, he just stole $155 million from FEMA to try to spend it on his war on immigrants at the Mexican border,  and everyone, including FEMA, just stood around and let him do it.

Rather than fixing FEMA, Dolt 45, Congressional Republicans and FEMA itself tell us that we must adjust our expectations downward instead. Well, hell, no. This is one of the most basic tasks of government: People’s LIVES are at stake. Yes, building codes should be improved to face the stronger storms that global warming will bring, although developers and the construction industry will scream bloody murder about that and probably bribe Congress and state legislatures to keep it from happening. Yes, people should prepare for hurricanes. But not everyone can; moreover, some disasters, like tornadoes, allow little or no time for prep.

FEMA indeed DOES have to be kind of like 911, and a competent FEMA is only one of many factors people should think about when choosing a president and deciding which party should control Congress.

Sunday, September 1, 2019 4:22 pm

Your occasional bit of Shakespeare

News (OK, satire) item: “Endangered polar bear demands face-to-face meeting with Trump.”

Global warming is killing the planet.
But Trump said, “I really don’t care.”
And yet it’s not nice
to kill Mother Nature.
Exit, pursued by a bear.

Hit ’em with the chair

When I was a kid in Charlotte in the 1960s, my brothers, my friends and I watched a lot of pro wrestling on TV, which fact is essential context for what I’m about to say next: In this era, pleas for civility are the last refuge of people who desperately need to be hit with the chair.

As the journalist Eve Fairbanks points out in The Washington Post, conservatives, almost as if they’d all been sent the same list of talking points, have been on and on lately about being “reasonable” and “civil.” She links to many, many examples, almost all of which are premised on a fundamental misunderstanding about what’s actually going on in our society. I’ll get to that in a minute.

Fairbanks, as a senior at Yale, wrote a thesis on the rhetoric of Abraham Lincoln and his political rivals on both sides of the issue of slavery. And today’s conservative rhetoric sounded so familiar to her that she thought she must have heard it somewhere before. Sure enough, there it was in her old research: The language of conservatives in 2019 is almost identical to that of antebellum defenders of slavery. She lays it out in her Post column.

I see another parallel: Both before the Civil War and today, the people defending the indefensible are the ones most insistent upon civility and reason and are trying very hard to cast their opponents as unreasonable and uncivil. In both instances, the people defending the indefensible are able to do so as the result of having amassed great power, much of it unmerited and obtained through dubious, if not evil, means.

The slavery example is self-evident. But what about today?

For the past 40 years, American conservatives, though a minority, have used their greater wealth to get even more money and more power, often at the expense of everyone else. They got the Supreme Court, in Buckley v. Valeo (1976) to declare that money is speech, a category error that likely will be the downfall of the Republic if climate disaster or the Sweet Meteor of Death don’t get us first. They bought themselves congresscritters and legislators who have passed a number of huge tax cuts primarily benefiting the wealthy. The effect of those tax cuts has been the greatest upward transfer and concentration of wealth in history and the greatest income inequality in U.S. history. They have raped the planet, privatizing the profits while socializing the costs and making damn sure they had bought themselves a government that would let them do that, in search of more wealth — there’s roughly $27 trillion of proven carbon reserves still in the ground, and they will be damned if they’ll just write it off, just as slave owners insisted they were entitled not to write off the value of their slaves. They have insisted that health care is not a human right, but rather a consumer good on which they can profit as on few others. In what can only be called modern-day slavery, they are profiting off our correctional systems. They have sought to roll back the civil-rights advances we finally won a century after the 14th and 15th Amendments were ratified. And on and on. All of THAT is “unreasonable.” All of THAT is “uncivil.”

The people who opposed antebellum slavery were portrayed as radical, and indeed some of them were. But they weren’t wrong. And given the horrors of slavery, complaining about their incivility and lack of reason displayed nothing but moral stillbirth.

And so it is today.

Conservatives are pursuing policies that literally threaten the lives of me, my family, and more than 100 million other Americans who have pre-existing conditions and/or are people of color and/or are LGBTQ. And yet they want us to be reasonable and civil.

Screw that noise sideways. Pleas for civility are the last refuge of someone who desperately needs to be hit with the chair. Moreover, any Republican who thinks we need more civility needs to take it up with Newt Gingrich, whose GOPAC began the trend of instructing Republican political candidates to publicly characterize their unremarkable Democratic opponents as “extremist,” “sick” and “un-American.”

Moreover, as Fairbanks points out, conservative writer Ben Shapiro, to name just one example, likely knows and certainly doesn’t care that “ascrib(ing) right-wing anger to unwise left-wing provocation,” as Fairbanks says he does, is the blame-the-victim language of the domestic abuser.

(A note on that: Conservatives are trying to smear those who oppose white nationalists as “antifa,” which they believe to be an organized and violent movement. “Antifa” is simply short for “antifascist,” and the term encompasses everyone from the first wave at Omaha Beach to any American today who opposes the joined forces of fascism and white supremacy. You will seen the term thrown around even by journalists who should know better, but you can safely dismiss anyone who uses it in that way as at best a propagandist and at worst a fascist, particularly if that person works for the Trump administration.)

I’ve said for a long time that anyone doubting the existence of eternity need only ponder the capacity of conservatives for playing the victim. Indeed, I’ve thought for a long time that that might be the most important, and is certainly the most enduring, dynamic of postwar American politics.

I was wrong. Fairbanks’s column shows that it’s the most enduring dynamic of American politics, period. She doesn’t remark on it in her column, but it’s visible throughout so many of the sources she cites (and in fairness, she may have thought it was so obvious she didn’t even need to mention it) — an overweaning mentality of victimhood among conservative antebellum “thinkers” and modern-day conservatives alike.

And why do they feel that way? The answer is in the old saying, “When you’re accustomed to privilege, equality feels like oppression.” That’s the fundamental misunderstanding I referred to up at the top of the post. They do it because they can feel their privilege slipping and/or because they can hear and feel the rest of us coming for it. And on some level they’re terrified that we’re going to treat them the way they have treated us. I have no intention of doing this, but given the outrages they have foisted upon us in the past 40 years, from destroying the middle class to sacrificing our children to the Baal of the NRA to lighting the planet on actual fire, I can offer no guarantee regarding anyone else.

And at this point nothing would surprise me. Because when you call things like decent, affordable health care and a strong public education system “socialism” long enough, eventually socialism starts to sound like a good idea. And when you work your ass off for a lifetime and still can’t manage to obtain adequate food, clothing, shelter, and education for your family and equal treatment in society because of every way the system has been rigged by conservatives in the past 40 years, so does “eat the rich.”

UPDATE, 9/1: This was posted before I became aware that Democratic presidential Beto O’Rourke had been quoted as saying, “Yes, this is fucked up,” talking about the federal government’s inaction on mass shootings such as the one Saturday in Odessa, Texas, that claimed eight lives. When the inevitable criticism came, he had the perfect response:

 

Friday, August 30, 2019 6:50 pm

A belated but sincere obituary for David Koch

I was a Republican for about 40 years, so here is where I am on this:

David Koch used his wealth to buy government policies that are wiping out the middle class, to keep government from mitigating the deaths his industries cause to thousands of Americans annually, to socialize the costs of his businesses while privatizing the benefits, and for his last act, to light the planet on actual fire. Had he lived, he almost certainly would have bought himself a constitutional convention in which the United States would be turned from a constitutional democratic republic into a kleptocracy in which tens of millions of citizens would lose basic human rights, and his surviving family and a few of their friends may yet bring this about. Society was so utterly unable to contain his serial sociopathy that hundreds of millions if not billions of people on this planet would have had legal standing to kill him in self-defense. In short, David Koch was a goddamned monster. Anyone who can’t see that is morally stillborn, and anyone wishing to defend him is welcome to follow him straight to hell.

Friday, July 19, 2019 7:29 pm

We have a felon and a Nazi in the White House, or, “This is the face of evil.”

Filed under: Uncategorized — Lex @ 7:29 pm

Events this week should have crystallized for every thinking American and even many unthinking ones how Donald Trump is not just unqualified to be president but a criminal besides.

His rally in Greenville came straight out of Nuremberg. When he criticized U.S. Rep. Ilhan Omar,  a native of Somalia who is a naturalized U.S. citizen, the crowd started changing, “Send her back!” Trump stood and basked in this for a full 13 second before continuing to speak.

The level of hatred the man has whipped up is not only antithetical to American values of justice and equality, it’s also a danger to public order at this point. He is clearly aware of the possibility, even the likelihood, of stochastic terrorism and is trying to direct it at Omar and the other members of “the Squad” — four freshmen Congress members of color who have not only loudly opposed his policies but equally loudly called out his racism. He and his supporters have argued that they should go back where they came from, the fact that three of the four are native U.S. citizens notwithstanding. It was so repulsive that German Prime Minister Angela Merkel spoke out against Trump and in support of “the Squad.” Imagine that: a German prime minister having to lecture us about our Nazism.

Indeed, Jason Stanley, a scholar of fascism and the author of “How Fascism Works,” said after the rally, “I am not easily shocked. But we are facing an emergency. Journalists must not get away with sugarcoating this. This is the face of evil.”

That would have been bad enough on its own. But on Thursday, search warrant applications and other court documents were unsealed in U.S. District Court for the Southern District of New York that strongly indicated that Trump himself had been directly involved in violation of federal election law. The records indicate that Trump had been involved in numerous phone calls pursuant to the payment of hush money to Stormy Daniels, the porn actress with whom he had had a tryst, to keep quiet about it shortly before the 2016 election. The records also indicate that Trump aide Hope Hicks had been involved in arranging the payments, despite her insistence to Congress that she had never discussed the matter with Trump. Had the affair been revealed then, Trump almost certainly would have lost the election, so he cheated to win.

But the Justice Department announced that the investigation was being closed without any additional charges besides Michael Cohen’s guilty plea. Trump had been named as an unindicted co-conspirator, “Individual 1,” in Cohen’s indictment, and, as Cohen had insisted in congressional testimony, had been directly involved in the hush-money payment.

Given that the unsealed documents would appear to implicate Trump in election-law violations and conspiracy, and to implicate Hope Hicks in those two crimes plus possible obstruction of justice, the investigation certainly should not be over. And while no one can prove it, the suspicion, of course, is that Attorney General Bill Barr, whose belief that no president should be investigated if he thinks it’s unfair was a big reason for his getting his current job, has decided to shut this whole thing down — apparently, in Trump’s case, because current Justice policy forbids indicting a sitting president.

So we not only have a fascist bigot in the White House, we also have a guy who has been saved from indictment TWICE now by a Justice Department policy that has no basis in statutory law or the Constitution: The Mueller report, released in March, implicated Trump in up to 10 counts of obstruction of justice and made clear that had it not been for that same policy, Trump would have been indicted.

And maybe it’s just me, but I think anyone who has been saved from indictment twice by that policy doesn’t belong in office.

So: We are being governed by a criminal fascist who is propped up by a corrupt Justice Department and a Republican Party that is ride-or-die Trump even if he ends up being implicated in the child rape case for which his longtime friend Jeffrey Epstein is now sitting in jail without bail awaiting trial. And way too many people are just fine with that. And that’s before you even get into all the wrongdoing in his administration; this executive branch is nothing more or less than a crime syndicate.

This country is at a very dangerous pass, and I don’t mind telling you that right now, I think Trump is going to be re-elected. Blue voters in this country are increasingly congregating in a few coastal states, meaning the Electoral College works against Democrats: Trump, who lost the popular vote in 2016 by 2.9 million votes, could lose it by 5 million votes in 2020 and still win the Electoral College.

What’s worse, the Democratic leadership’s continued refusal to hold impeachment hearings, its continued insistence on treating Trump as a political or policy issue rather than a moral one, is going to turn off the base that brought the party its 2018 Blue Wave. They will sit home in 2020, just as they did in 2014, 2010 and 2002 when party leaders disappointed them. And that’s before you even factor in likely Russian interference and GOP vote suppression in swing states including North Carolina. (And for those of you whining that if he were impeached the GOP-held Senate wouldn’t convict, I reply: Then THAT’S WHAT YOU MAKE THEM RUN ON IN 2020.)

If he IS re-elected, all hell is going to break loose. And I don’t think we will be able to come back from it. I’d love to be wrong about all this, but I don’t think I am.

 

Tuesday, July 2, 2019 9:35 pm

Sure, Alexandria Ocasio-Cortez could be lying. But what if she’s not?

“Now I’ve seen the inside of these facilities. It’s not just the kids. It’s everyone. People drinking out of toilets, officers laughing in front of members Congress. I brought it up to their superiors. They said ‘officers are under stress & act out sometimes.’ No accountability.” — U.S. Rep. Alexandria Ocasio-Cortez tweeting after visiting a camp where CBP is holding migrants prisoner.

This tweet asserts horrible things, about line CPB officers, about the agency and its culture, and about our government and our country. Some of the responses to it are quite skeptical. Leaving aside the disingenuous tone of some of the skeptical responses (and the ridiculous calls for video when CBP agents took the Congress members’ phones before allowing them in), I get it. No one wants to believe that these horrible accusations are true. And AOC certainly wouldn’t be the first person not just to politicize an issue but to outright lie about it for political gain.

Let’s suppose she is lying. If that’s the case, she should be expelled from the House. I doubt she could be sued successfully, inasmuch as she’s not saying anything defamatory about any particular individual. (Agencies can be defamed, but it’s tough to do.) But she certainly would deserve our opprobrium and condemnation.

That said, let’s ask ourselves a question. If she IS lying, whom does it hurt? An agency doesn’t have feelings, and she identifies no culpable individual.

So, then, let’s ask ourselves another question: What if she’s NOT lying?

And another: If she’s not, then whom does THAT hurt, particularly if the rest of us do not act on what she is telling us?

I’ll tell you whom it hurts.

It hurts suffering human beings, children of God just like you and me, people driven here in large measure by circumstances beyond their control and for which our country bears a significant measure of responsibility.

And our border officers are making them drink toilet water. In our name and paid by our tax money.

And it hurts public trust and confidence in CBP specifically and government in general at a time when both need more, not less.

It hurts the reputation and image of the United States around the world at a time when the world needs a powerful, honest broker more desperately than at any time since the day after Nagasaki.

And, finally, regarding the issue of trust and confidence, who has, and deserves, more of it? AOC, who has made mistakes and admitted them and also caught powerful people out on their mistakes and lies and is pushing policies that are at least intended to benefit most Americans? Or this administration, which lies like it breathes and seeks to screw over every American it can find to screw who’s not a rich white man?

If you ever wondered how German concentration camps became death camps, AOC is right here telling you and showing you. And if you’ve ever wondered what you would have done if you’d been a German in the early Nazi era, whatever you’re doing now is probably an excellent indicator.

“A Face in the Crowd” and the MAGATs

Over the weekend I got to see, for the first time, “A Face in the Crowd.” The 1957 film, written by Budd Schulberg (“The Harder They Fall,” “On the Waterfront”) and directed by Elia Kazan (“A Streetcar Named Desire,” “East of Eden”), was North Carolina icon Andy Griffith’s first starring role. In it, Griffith portrays Larry “Lonesome” Rhodes, an Arkansas yokel propelled to national stardom as the “voice of the people.” Ahead there be spoilers, so don’t read the jump if you want to watch the movie first. (Apparently it’s available on Amazon if you’re curious.)

(more…)

Thursday, May 30, 2019 9:48 pm

Thought for the day, freedom-of-religion edition

If Americans can claim religious freedom to refuse to bake a cake or even provide medically necessary abortion, they certainly should be able to claim religious freedom to provide an alien dying of thirst at the border a goddamned bottle of water.

Last night, after the Mueller statement, I asked Sen. Thom Tillis to support impeachment hearings. Here’s what he said.

Filed under: Uncategorized — Lex @ 8:58 pm
Tags: ,

I will respond eventually, but for right now, I’m just posting this without alteration or comment.

* * *Dear Mr. Alexander:

Thank you for taking the time to contact me about Special Counsel Robert Mueller’s report on Russian involvement in the 2016 presidential election. I appreciate hearing from you.

As you know, Deputy Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller to serve as Special Counsel to oversee the Department of Justice (DOJ) investigation into Russian interference in the 2016 election. On March 22, 2019, Special Counsel Mueller concluded his investigation, and on April 18, 2019, Special Counsel Mueller’s full report was released to Congress and the public. Special Counsel Mueller should be commended for conducting a fair, thorough, and professional investigation.

The report is divided into two volumes. Volume I explores Russian interference in the 2016 presidential election. Volume II addresses President Trump’s actions involving the FBI investigation into Russian interference. Given the sensitive sources used in this investigation, certain redactions were necessary to protect key intelligence sources in the public release of the report. The redactions included grand jury information, classified information, matters related to ongoing investigations, and information about private individuals. Approximately 10% of the public report contains redactions, the vast majority of which are in Volume I; approximately 2% of Volume II is redacted. Congressional leadership has access to a less redacted version of the report that only excludes grand jury information. This sensitive version of the report redacts approximately 2% overall and redacts 1/10 of 1% of Volume II.

After reading the full report and having had the opportunity to hear directly from Attorney General Barr during his testimony before the Senate Judiciary Committee on May 1, 2019, I agree with the assessments of Attorney General Barr and Special Counsel Mueller. First, despite active efforts by the Russian government to interfere in the 2016 election, there was no collusion between the Russian government and the Trump campaign. And second, no underlying crime was committed, and there is insufficient evidence to indict the President on obstruction of justice.

I hope all Americans are relieved to find that the Special Counsel found there was no collusion between the Russian government and the Trump campaign. The Special Counsel did find that elements of the Russian government attempted to interfere in the 2016 election. Although the attempted interference did not change the outcome of the election, we must work to prevent and punish Russia and all other foreign adversaries that attempt to deceptively fan flames on social media and meddle in our democratic process.

The Special Counsel also declined to recommend a charge of obstruction of justice. While some members of the House of Representatives have expressed a desire to launch endless investigations, and ultimately impeachment, I believe pursuing this path would be both divisive and damaging to our nation.

As a member of the Senate Judiciary Committee, I serve on the committee with oversight of the DOJ. During his testimony before the Senate Judiciary Committee on May 1, 2019, Attorney General Barr gave detailed answers on one of the most rigorous investigations in modern history. Over the course of this 22 month investigation, Special Counsel Mueller: issued 34 indictments (including Russians); issued more than 2,800 subpoenas; executed nearly 500 search warrants; obtained over 230 orders for communication records; made 13 requests of foreign governments for evidence; and, interviewed approximately 500 people. I hope my colleagues will ultimately accept the findings of Special Counsel Mueller and move on to advancing the business of the American people in the spirit of bipartisan cooperation.

Thank you again for taking the time to contact me. Please do not hesitate to reach out again about other important issues.

Sincerely,

Thom Tillis
U.S. Senator

Wednesday, May 29, 2019 7:29 pm

Mueller to U.S. House: Saddle the hell up

Robert Mueller all but begs Congress to impeach Donald Trump and implicitly tears a deserving news media a big new orifice in the process.

Outgoing special counsel Robert Mueller made several critical points today in his roughly eight-minute statement at the Department of Justice.

First (and I’m not necessarily going in chronological order here), he emphasized at both the beginning and the end of his statement that the evidence is crystal clear that Russian military intelligence sought to interfere with the 2016 presidential election for the benefit of Donald Trump and that they are continuing to try to interfere with U.S. elections even today.

Second, he emphasized that the Mueller report speaks for itself, which was a polite way of saying that if the people whose jobs it was to tell us what was in the report had done their jobs and read the damned report, we wouldn’t be nearly so confused about the way forward and we wouldn’t have wasted the past two months. Instead, he implicitly pointed out, journalists covered what people (i.e., Attorney General William Barr) SAID about the report, rather than what the report itself said, to the detriment of the American public. As The Atlantic’s Adam Serwer put it, “Mueller’s statement is an indictment of a press that focused more on what people had to say about the report than what the report said, because the former was easier to cover. No one has learned anything.” (The first three rules of investigative reporting are “Follow the money,” “follow the money,” and “follow the money,” but Rule 4 is, “Always read the documents” and Rule 5 is “Always do the math.”)

Third, he said that he did not seek charges against Trump because Justice Department policy, while authorizing investigations of a sitting president “while memories are fresh and documents are available,” forbade charging a sitting president. (For what it’s worth, George Washington University law professor Jonathan Turley went on CBS immediately after the statement to say that, constitutionally speaking, Mueller was “dead wrong,” that Trump indeed could have been indicted.) Mueller clearly implied that had Trump been anyone but the sitting president, he would have been indicted.

Fourth, he fleshed out that point by observing that, contrary to what Donald Trump and Barr have said, the report is not an exoneration. Indeed, he said, “As set forth in our report, after that investigation, if we had confidence that the president clearly did not commit a crime, we would have said that.”

Fifth, he emphasized that that obstruction definitely had hampered his campaign: “When a subject of an investigation obstructs that investigation or lies to investigators, it strikes at the core of their government’s effort to find the truth and hold wrongdoers accountable.” The implication, though it is only that, might explain why he failed to find enough evidence to indict people on the conspiracy charge. Because while Vol. 1 of the report said Mueller’s team found insufficient evidence to indict Trump on a conspiracy charge, notwithstanding Trump’s lies, you can’t swing a dead cat in it without running across multiple instances of collusion, a concept that has real-world meanings but no legal significance.

Fifth, he re-emphasized that in his view and given Justice Department policy, it was not for Justice to accuse a sitting president of wrongdoing; rather, that responsibility fell to Congress. Combined with the documentation in Vol. 2 of the Mueller report of up to 10 instances of obstruction of justice on Trump’s part, he seemed to be practically begging the House to begin impeachment hearings.

He said a few other noteworthy things, such as that even if he were to appear before Congress to testify, he would not go beyond what’s already in the report. Legally and constitutionally, that’s a dubious claim, particularly if the House opens impeachment hearings. If the House subpoenas him and asks him questions and he refuses to answer, he can be held in contempt and spend up to a year in jail. Moreover, as Esquire’s Charles Pierce observed:

He has no excuse left. He is a private citizen now. And if he only repeats what’s in the report, on television, in front of the country, it will contribute mightily to the political momentum behind the demands that Congress do its damn job or shirk its duty entirely. He still needs to testify. He still needs to take questions. He’s only a citizen like the rest of us now, and he has a duty to do the right thing. We all do.

And Mueller said that our ongoing election-security weaknesses “deserve the attention of every American.” That assertion must be weighed against Republicans’ outright hostility, and particularly that of Mitch McConnell, to taking the slightest action to make elections more secure, such as, oh, I don’t know, even holding a vote on H.R. 1.

But his main points make clear what I and many others, from Laurence Tribe of Harvard Law School to Rep. Justin Amash, Republican of Michigan, already have been saying: It is past time for the House to begin formal impeachment hearings. House Speaker Nancy Pelosi and her second-in-command, Steny Hoyer, publicly have been reluctant to acknowledge that the need exists. But House Judiciary Chairman Jerry Nadler, whose committee would be the one to hold such hearings, said today:

Although Department of Justice policy prevented the Special Counsel from bringing criminal charges against the President, the Special Counsel has clearly demonstrated that the President is lying about the Special Counsel’s findings, lying about the testimony of key witnesses in the Special Counsel’s report, and is lying in saying that the Special Counsel found no obstruction and no collusion. Given that Special Counsel Mueller was unable to pursue criminal charges against the president, it falls to Congress to respond to the crimes, lies, and other wrongdoing of President Trump — and we will do so. No one, not even the President of the United States, is above the law.

Democrats have talked tough before only to fold, and there’s no guarantee they won’t fold again. But I believe at this point that whether or not Democrats actually pull the trigger on impeachment hearings, they at least have heard and understood that that is what the outgoing special counsel is asking, if not begging, them to do. I won’t reiterate the many reasons why I think it’s important to do so, except to say this: Thanks in large part to our mealy-mouthed news media, Trump has been able to spend the past two months lying with impunity about the findings of the Mueller investigation. Anyone who saw and heard Mueller speak today now knows that Trump has been gaslighting the American public — and that televised impeachment hearings aren’t just a constitutional necessity but also a necessary news and public relations corrective to Trump’s gaslighting. I hope and trust that Nadler and other House committee chairs, currently on Memorial Day recess, will make this happen soon.

Wednesday, May 8, 2019 7:36 pm

NPR: Your so-called liberal media at work

When NPR lets a war criminal like John Yoo defend the Trump administration’s defiance of subpoenas and contempt of Congress, it is neither liberal nor news media.

Today was long and full of aggravations, from morning to evening. And to end it this afternoon, like a rancid cherry atop a shit sundae, we got a 5 p.m. report from NPR on the White House’s claim of executive privilege in withholding the full Mueller report, with underlying evidence, from the U.S. House, which has subpoenaed it.

Now, let’s be very clear here. The U.S. House, as a co-equal branch of government, has an almost absolute right to subpoena any document or person in either of the other two branches for the purpose of conducting oversight. There are a few limited exceptions, but no one has offered any that such constitutional experts as Laurence Tribe of Harvard take seriously.

But NPR calls today’s vote by the House Judiciary Committee to hold Attorney General William Barr in contempt “a major escalation of a battle between President Donald Trump and the House Democrats investigating his administration.” That framing almost makes it look as if the House is at fault. At the least, that’s misspelling “a perfectly justified and long overdue attempt by the House to bring this lawless administration to heel” so badly you can’t even hardly recognize it.

Yeah, House Judiciary Chair Jerry Nadler is quoted as saying, “If allowed to go unchecked, this obstruction means the end of congressional oversight.” But the segment treats this conflict as a normal and unremarkable contest between White House and Congress in which both sides are more or less equally at fault and nothing particularly significant is at stake. In fact, the framers of the Constitution viewed legislative oversight, including impeachment when appropriate, as essential to preventing a runaway executive. Having lately fought a war to rid themselves of one runaway executive, they wanted to make damn good and sure there would never be another.

And that’s the just the intro. Reporter Kelsey Snell’s report is in the worst tradition of mainstream reporting, offering a very careful one-side-says-this, the-other-side-says that take that manages to be almost 100% journalism-free, particularly the failure to note that some of the limitations Justice attempted to place on access to the unredacted report had no basis in law whatever.

“It’s partially political, partially symbolic, but it’s also pretty high-stakes,” Snell said, not even bothering to mention that one and only one side in this dispute is, you know, breaking the law.

That was bad enough. But made me actually pull my car over to the side of Walker Avenue, stop dead, and shriek like a banshee at the radio was that NPR’s next segment devoted a huge 7.5 minutes to the legal stylings of alleged law professor John Yoo and his resurrection of the corpse of the “unitary executive.”

Who is John Yoo and what is the “unitary executive,” you ask? Yoo, now at Berkeley, was deputy assistant attorney general in the Justice Department’s Office of Legal Counsel under President George W. Bush. He wrote the so-called “torture memos” justifying torture as an instrument of national policy under Bush. For that alone, he should have been hanged at The Hague, particularly inasmuch as he wrote in 2002, by which time the U.S. already was engaged in torture, meaning he wrote it to try to provide justification in hindsight for a crime against both U.S. and international law.

To put it plainly, Yoo’s support for torture was so unhinged that even some of his most powerful co-workers in the Bush administration thought it was nuts. Secretary of State Colin Powell flatly insisted that Yoo’s position violated the Geneva Conventions, while Navy General Counsel Alberto Mora called Yoo’s position “catastrophically poor legal reasoning.”

As for the “unitary executive theory,” well, to hear Yoo tell it in today’s segment, it is a theory of executive power, running from Lincoln down through FDR and so on until today, that claims that unlike enumerating individual powers, which is what most conservatives profess to claim Article II of the Constitution does for the executive branch, that article actually creates a “pool,” in Yoo’s word, of unspecified executive powers.

In fact, “unitary executive theory” is bullshit. Yoo decided that his boss, Bush, during the so-called Global War on (some) Terror, ought to be able to do anything he wanted, including interpreting treaties like the Geneva Conventions as he pleased, with Congress’s only control being the power of the purse. So he cobbled together this sorry excuse for legal theory and cherry-picked from history to try to make it look as if this legal Frankenstein’s monster had a long and honorable legal tradition.

Those of you keeping score at home also will note that this assertion flies in the face of everything that conservatives have traditionally said about executive power and the “original intent” of the framers of the Constitution, but Yoo and the Republicans have never let that hypocrisy stop them except when a Democrat occupied the Oval Office.

Anyway, NPR, whose mission is supposed to be journalism, actually devoted pretty much 11 full minutes of prime afternoon drive time to Trumpian propaganda at the expense of educating and informing its audience, and coming at the end of a day such as today, it was just more than this listener could take.

And as Trump and the Republicans try to dismantle our democracy, this is one of the biggest problems we face: Not only are Trump and the Republicans and Fox News and Breitbart trying to gaslight the American public, a ton of mainstream journalists are doing the same. Yes, they’re trying — I believe we have long since passed the point at which we can as ascribe performances like NPR’s this afternoon just to incompetence. (Also, and not for nothing, competence is an ethical issue.)

So this is just one of the many reasons why we need immediate, televised impeachment hearings: to counteract the fire hose of unmitigated bullshit emanating not only from the criminals in this case but also from their co-conspirators in the so-called liberal media. (I have heard some people say that’s actually what the House is doing right now, they’re just not calling them “impeachment” hearings. To which I respond: You HAVE to call them impeachment hearings to get the news media to broadcast them live and the American public to pay the appropriate amount of attention.) Accordingly, House Speaker Nancy Pelosi needs to lead or get the hell out of the way.

Sunday, May 5, 2019 2:35 pm

With all due respect to House Speaker Nancy Pelosi, time has run out. We must begin impeachment hearings now.

If House Democrats do not begin immediate, televised impeachment hearings and begin jailing immediately any administration figure who refuses to comply with a duly issued subpoena, we could be mere weeks from one-party GOP rule.

A lot of y’all fail to understand two things: how close we are to effective one-party GOP rule and how electoral politics works.
Look, I supported Nancy Pelosi for speaker for three reasons:
  1. Her superior record, relative to the other candidates, of being able to wrangle the notoriously fractious House Dem caucus, move legislation, and raise money.
  2. The fact that her most viable opponents were WAY too cozy with a Republican Party that long ago demonstrated that it doesn’t give a damn about the Constitution.
  3. The likelihood that, when Trump’s obfuscation over the Mueller report and his and his administration’s inevitable contempt of Congress against the inevitable House subpoenas finally manifested, she would have a logical and effective plan for responding.

I supported her despite serious misgivings about her spine. She unilaterally took impeachment of George W. Bush off the table despite the fact that Bush and his inner circle had ordered torture in violation of both U.S. and international law. My father, an Army infantry officer in the Korean War who won a Bronze Star and who had been a lifelong Republican voter, cast the last ballot of his life in 2004 against Bush specifically because of the torture. As an amateur student of the Holocaust for decades, I thought then that Bush had crossed the one line besides first-strike nuclear war that could never be crossed. And I was horrified to watch how Democrats under Pelosi threw away their opportunity to bring about justice. Still, you vote for one of the candidates you’ve got, and she was head and shoulders above the rest.

Problem is, I turned out to be badly wrong on item No. 3 above. She had and has no plan to deal with a president intent on becoming a dictator and a major party that is all in with him on this effort. Indeed, in this New York Times article, she makes clear in her own words that she is drawing exactly the wrong conclusions given the facts before us:

In recent weeks Ms. Pelosi has told associates that she does not automatically trust the president to respect the results of any election short of an overwhelming defeat. That view, fed by Mr. Trump’s repeated and unsubstantiated claims of Democratic voter fraud, is one of the reasons she says it is imperative to put roadblocks in the way of Mr. Trump’s efforts, with the full support of the Republican party, to become a dictator.
See, that makes sense. Unfortunately, that’s not what she actually said. What the article actually reports her as saying is:
In recent weeks Ms. Pelosi has told associates that she does not automatically trust the president to respect the results of any election short of an overwhelming defeat. That view, fed by Mr. Trump’s repeated and unsubstantiated claims of Democratic voter fraud, is one of the reasons she says it is imperative not to play into the president’s hands, especially on impeachment.
Opposing a would-be dictator’s efforts to become dictator is “playing into the president’s hands, especially on impeachment”? With all due respect, Madam Speaker — and in my case, that’s a lot of respect — that’s 180 degrees wrong.
Pelosi insists we have plenty of time. And a lot of people, noting that she is an expert in American politics, agree with her. But here’s the thing: We’re not faced with a conventional political opponent. We’re faced with a would-be dictator, and Pelosi is IN NO WAY an expert on dealing with that because America has never had one before. And the people who ARE experts in authoritarianism and dictators — historians, diplomats, war-crimes investigators, some members of the intelligence community, even Holocaust survivors? Almost all of them are waving red flags. A number are saying that if Dems don’t respond forcefully to the GOP’s concerted effort to ignore the subpoenas of a co-equal branch of government, then we will effectively become a one-party GOP government within weeks.

Now, what if they’re wrong? No harm, no foul, and we may yet see the impeachments we want with strong public backing and a clean and fair 2020 election. And I sincerely hope they, and I, are wrong.

But what if they’re right? No, serious question. I want you to stop and think for a minute about what that would mean — and not just for the country as a whole, although a stolen election is just about guaranteed, and not just for comfortable, privileged WASPS, but also for Jews, for poor people, for women (particularly women’s health care), for children, for racial and ethnic and religious minorities, for LGBTQIA people.

The safest bet — which also has the advantage of being the House’s constitutional duty — is for House Dems to: 1) Stop asking and start subpoenaing. Asking just leads to needing to subpoena anyway with this administration, and time is of the essence. 2) Begin jailing for contempt immediately any member of the administration who refuses to testify and/or produce records pursuant to a subpoena. 3) Begin holding televised impeachment hearings immediately. The hearings can begin with the multiple instances of Trump’s obstruction of justice documented in Vol. 2 of the Mueller report and expand from there, or they can begin with other high crimes and misdemeanors already in public view such as Trump’s serial violations of the Constitution’s Emoluments Clause, and expand from there. The important thing to remember is that we already have evidence in the public record that Trump has obstructed justice, abused his office, and behaved in legal contempt of Congress. Those were the three articles of impeachment against Richard Nixon that led him to resign, and Trump’s violations have been even more egregious.

And why are the televised hearings so important? As with Watergate, given what we already know about this administration, they are likely to reveal the kind of information to the public that will build public support for impeachment. Moreover, they are essential to counteracting the gaslighting of the American public now being carried on by this administration, particularly Attorney General William Barr, and its henchmen at Fox News, Breitbart, and some of the darker media neighborhoods such as 8chan and VDare. Believe it or not, a large number of Americans still aren’t paying very close attention to this, so Dems need to give them a reason to. And even the mainstream media have largely treated this issue as a conventional Democrats-vs.-Republicans partisan political issue rather than the constitutional crisis that it is. The Times article linked above contained information that should have been the lede headline for every mainstream news outlet in the country: House Speaker Doubts President Will Leave Office If Defeated. And yet it was not.

Now some of you have expressed concerns about how robust opposition to, and even attacks on, Trump’s people and policies might affect the 2020 elections. A couple of thoughts on that:

  • In constitutional terms, impeachment’s effect on the 2020 election shouldn’t even be a consideration. A president is carrying out high crimes and misdemeanors in full public view; as the Framers’ contemporaneous writings make clear, impeachment in such circumstances is not just option but duty.
  • But let’s say it is a consideration. A lot of people with elementary math skills but no political understanding have pointed out that the GOP-controlled Senate won’t convict. I cannot say this too many times or strongly enough: So what? Dems must make Republicans run in 2020 on defending this criminal (as well as on such other issues as trying to kill people’s health insurance and supporting environmental despoliation). Dems made Republicans run in 2018 on their desire to destroy insurance protections for people with pre-existing conditions, and Dems generated the biggest blue wave since Watergate. The biggest political risk attached to the 2020 election is not that more Trump supporters will turn out if Dems impeach — Republicans already are going to turn out. No, the biggest political risk is that if Dems do NOT impeach, a big chunk of the Democratic base is likely to stay home in 2020, as it did in 2010 and 2014 when Dem caution also prevailed over the need for action. And without that base, not only will Trump win re-election, the Republicans also will regain the House.
  • For the folks, including Pelosi, who have expressed concern that Trump might not leave office if he doesn’t win in 2020, I’ve got news: That’s Trump’s plan no matter how large or narrow the Dems’ margin of victory. Guaranteed. And it is far from sure that the Secret Service would do its duty at noon on Jan. 20, 2021: arrest him for trespassing and drag him from the White House. I mean, I think they will? But given Trump, assuming the worst generally is the most accurate method of forecasting.

Folks, we’re in very dire straits here; the attempted coup against FDR in the 1930s is the only thing that comes close and this is way worse than that. House Dems need to act now, and not only is there no good reason to wait, there are some chilling reasons why we cannot afford to. Whether we do or not act will determine whether this country is still a democratic republic come sunset on Jan. 20, 2021. So if your rep is a Democrat, call him/her and demand: 1) That House Dems stop asking nicely and start issuing subpoenas from the git-go. 2) That administration officials who refuse to immediately comply with subpoenas be jailed for contempt the FIRST time. (That legal mechanism hasn’t been used for decades, but it’s still on the books.) 3) That the House immediately begin televised impeachment hearings on Trump and AG Barr, who lied to Congress about the contents of the Mueller report and Mueller’s dissatisfaction with Barr’s summary of it. Those hearings MUST include the subject of election security and the Russians’ election-theft efforts in 2016 and 2020, and should hear from former President Obama and some of his officials as well as current administration officials if need be to get the full picture.

The next year and a half are going to be ugly politically no matter what choices Dems make. And the ugliness might extend beyond the halls of Congress and the White House and into the streets. But rest assured that 1) the most vulnerable will suffer the most, and 2) Republicans couldn’t give less of a damn about the most vulnerable.

Citizenship is not a spectator sport. History has pointed down the bench at us, swatted us on the asses and ordered us into the game. We need to play hard and play to win, because the cost of defeat would be too great for any of us to bear.

UPDATE, 5/5: For some excellent historical perspective on the rise of authoritarianism in America, read Teri Kanefield’s piece here. She’s an author and lawyer.

Wednesday, May 1, 2019 5:34 pm

In which Attorney General William P. Barr crumples his career and sets it on actual fire

In testimony today before the Republican-controlled Senate Judiciary Committee, the attorney general firmly established himself as the worst AG since John Mitchell and equally deserving of prison time.

Dumpster fire

The 85th attorney general of the United States walked into the ostensibly friendly confines of a Republican-controlled Senate Judiciary Committee hearing today, and when his questioning was over, he had left no bed unshat and no pooch unscrewed. The Republicans might have come to dissemble and distract, but the Democrats came to prosecute and for once showed no mercy.

Not only did he present himself as clearly guilty of multiple counts of perjury, he also made a credible case that he himself should be prosecuted for obstruction of justice as well. It is crystal clear now that he must be impeached and removed from office and prosecuted and sent to prison. And he did his “client,” Donald Trump, no favors either, implicitly implicating Trump in abuse of office under questioning from committee member Kamala Harris, D-Calif.

The only real question remaining about what Barr did is why he did it. Why did he tell lies to Congress about special counsel Robert Mueller’s report that any sentient human being who read the report would realize were lies?

Why would he decide the report cleared Trump when he and Deputy Attorney General Rod Rosenstein hadn’t read the underlying evidence — and why would he admit that to the committee? As committee member Harris, California’s former attorney general and a current candidate for president in 2020, pointed out, no sane prosecutor would make such a decision one way or another without reviewing all the evidence. (Maybe that’s just a Republican thing. The committee chair, Lindsay Graham of South Carolina, admitted that he hadn’t fully read the Mueller report. The guy. Who chairs the committee. And who called the hearing. Hadn’t. Read. The report. And as for what else Graham said, let’s just say it’s a darned good thing for him that he was not under oath.)

Why would Barr lie in his April 9 testimony to the House and say that he was unaware of Mueller’s concerns about his characterization of the report when, at that point, Barr had had Mueller’s letter to that effect, which was made public today, in his possession for more than a week?

And why couldn’t Barr answer Harris’s big yes-or-no question:

Gaping kitten illustrates the bomb Kamala Harris dropped during her questioning

Has the president or anyone else at the White House asked you to open a criminal investigation on anyone? Doing so likely would not be a crime, but as Richard Nixon’s case showed, it certainly would be an impeachable offense. That Barr either couldn’t or wouldn’t flatly deny that it had happened was damning of both Trump and Barr.

And under questioning from Sen. Richard Blumenthal, D-Conn., Barr insisted that he had never discussed Trump-related matters with anyone at the White House. That was so plainly perjury that he immediately tried to walk it back, saying he didn’t remember any such “substantive” conversations.

Barr also committed at least one huge unforced error: He insisted that there were no underlying crimes documented in the Mueller report and that, based on that, an innocent president had the right to interfere in or kill an investigation of his activities. You following that? An innocent president has the right to kill an investigation — that’s going to prove his innocence.

Not only is that absurd on its face as legal theory, it also presumes facts not in evidence: The Mueller report did indeed surface underlying crimes. Indeed, Trump was named an unindicted co-conspirator in an indictment for one of them along with his former attorney/fixer, Michael Cohen.

The Republican senators were little better, if news reports are to be believed. Hell, Jon Cornyn of Texas really did bring up Hillary’s emails. None showed any interest in getting at the truth; instead, they tried to change the subject to (undocumented) claims of wrongdoing by the intelligence community under President Barack Obama — anything but deal with the dumpster sitting right there before them.

If we learned anything today, it’s the following:

  • Barr is guilty of perjury and obstruction of justice; he has violated the terms of his oath of office to become the personal defender of a corrupt president. He must be impeached, removed from office, and prosecuted, and unlike with the president, indictment could come before impeachment.
  • Trump almost certainly has been abusing his office to criminally investigate political enemies, just as Richard Nixon did. It became an article of impeachment for Nixon; it should for Trump as well.
  • The next president is going to have to be a Herakles to cleanse the Aegean stables of this administration. Or else will have to burn it with fire. That’s how bad things are in this, the 243rd year of our country, and there is no guarantee whatsoever that things will get better anytime soon. Indeed, there is a nontrivial likelihood that they’ll get worse: Barr is scheduled to testify Thursday before the House Judiciary Committee — but his reluctance to be questioned by committee staff means he might well be in contempt of Congress before lunchtime.

UPDATE, 5:52 p.m.: Barr is now refusing to testify Thursday. The Dems really need to just stop asking and start subpoenaing from the git-go, because asking clearly is never going to do them a damn bit of good with this administration. And if anyone tries to jerk them around, they need to hold them in criminal contempt and send them to jail for a year. That’s the only language the mob family in the White House understands.

 

 

Saturday, April 27, 2019 7:33 pm

Hot take on the Panthers’ 2019 draft

Filed under: Panthers — Lex @ 7:33 pm
Tags: ,

GM Marty Hurney abandoned his usual best-player-available approach to fill specific needs — because if this year’s team doesn’t go deep into the playoffs, he, head coach Ron Rivera, and a number of other coaches will be out on the street.

If you had any doubt that the Panthers will be playing more 3-4 defensive sets in 2019 than they have since 1997, you need only look at their first- and fourth-round picks: LB/DE Brian Burns from Florida State and LB/DE Christian Miller from Alabama. They come from the SEC and the ACC, probably the two fastest conference in the nation. Carolina had to improve its edge rushing after an abysmal 2018 and the retirement of future Hall of Famer Julius Peppers, and they may well have done it here. That’s important because the Panthers’ defense is predicated on both stopping the run and pressuring the quarterback, reducing strain on their secondary, which, historically, has not been the best part of their D. (And more on that in a minute.)

Another big need for the Panthers was an O-line that can keep Cam Newton healthy — the team, which started strong in 2018, finished 1-7 after Newton was injured in the Pittsburgh game. Second-round pick Greg Little, a tackle from Ole Miss, certainly understands the high expectations the franchise has for him, telling fans bluntly, “I’m going to keep Cam safe.” With the re-signing of former Pro Bowl right tackle Daryl Williams, who returns from an injury-truncated 2018 at right tackle, the Panthers’ tackles appear secure, with third-year man Taylor Moton available to step in at either position if Little or Williams goes down.

The third-round pick addressed the team’s desire to 1) improve the quality of depth behind Cam Newton if QB1 does get injured, and 2) begin exploring options for a quarterback of the future with Cam on the cusp of turning 30. They turned to Davidson Day School product Will Grier from West Virginia, who will be competing against Taylor Heinicke and Kyle Allen. (The latter played a great game in 2018 in his only appearance but was injured and didn’t finish.) The team insists that Newton remains QB1 for the foreseeable future, and I see no reason to doubt that.

I confess that the Panthers’ fifth-round pick, RB Jordan Scarlett from Florida, puzzles me: I’m not at all sure that he’d be any improvement on Cameron Artis-Payen, currently RB2 behind Christian McCaffery. The Panthers also have Elijah Hood from North Carolina and Reggie Bonnafon from Louisville on the roster.

The sixth-round pick, OT Dennis Daley from South Carolina, appears to have been a depth pick. And as noted before, if either starting tackle goes down, Taylor Moton probably gets the call.

With their last pick in the seventh round, the Panthers drafted Georgia wideout Terry Godwin. Godwin does not have game-breaking stats, but he averaged 16.8 yards per catch his junior year, and, to prove it was no fluke, he averaged 16.7 yards per catch his senior year — more-than-respectable numbers.

The pick puzzles me only in this sense: I kept hearing analysts say the Panthers needed WRs, especially to replace Devin Funchess. But honestly? I’m not seeing it. DJ Moore, drafted in 2018, lived up to his yards-after-the-catch hype and, if not for injuries, likely would have been mentioned in rookie-of-the-year conversations. Jarius Wright provided not only experience but also a reliable possession receiver. Curtis Samuel blossomed in his second year in the league in 2018, particularly as a deep threat, and figures only to get better this year. Veteran Torrey Smith, another reliable wideout, returns as well. Do the Panthers have a wideout with Funchess’s specific skill set — height, jumping ability, bulk? No; at 6’2″, Andre Levrone is the tallest receiver on the roster. But Funchess was drafted in the hopes that he would be a Cris Carter receiver — “all he does is score touchdowns” — and he never became that. And, frankly, given the talent on the roster now, barring a rash of injuries, I think the Panthers are all set at this position.

Which brings me to a few positions they’re not set at.

Perennial Pro Bowl center Ryan Kalil retired, and I had thought the Panthers might try to draft a center of the future. In point of fact, probably the best center available, N.C. State’s Garrett Bradbury, got picked up by the Vikings two slots after the Panthers drafted Brian Burns, and the Panthers simply had more pressing concerns. So Tyler Larson remains the presumptive starter, with Matt Paradis and Parker Collins also on the roster for now. Whether Larson can both lead the run game and protect Cam Newton from blitzes up the middle consistently remains to be seen.

In other news, a gaping hole remains at safety. Eric Reid is set, but who the other safety will be definitely remains to be seen — six other safeties currently occupy roster spots, including players who saw time last year like Cole Luke and Rashaan Gaulden, but it is entirely possible that the Week 1 starter isn’t yet on the roster. (Colin Jones, nominally a safety, is perennially a key special-teams player who likely wouldn’t be called on to start.)

And I had thought the team might try to address linebacker depth in the draft, given the retirement of Pro Bowler Thomas Davis. Not this year, although I wouldn’t be surprised if they snap up an LB or two among the team’s signings of undrafted free agents in the next day or two.

The experts gave the Panthers an “A” for their Day 1 and Day 2 draft (the first three picks). I’m not sure yet what grade they’ll give the team for Day 3 and overall. On paper, at least, it looks as if the team addressed some pressing needs, as it had to.

My concern goes beyond that. As a Panther fan from the beginning, I know that this team’s successes rise and fall with the quality and consistency of its O-line. We added what appear to be quality parts, but a lot of questions remain: Will Daryl Williams return from injury at or close to his former Pro Bowl performance level? Will Greg Little be able to keep his promise to keep Cam Newton safe? Can guard Trai Turner continue to perform at a high level — and who will be the other starting guard? And can Tyler Larson at center shoulder Ryan Kalil’s mantle, leading runs up the middle and protecting Newton from defensive surges over his position?

If the answers to all or most of these questions are positive, the Panthers will be able to hang a lot of points on people. That might not translate to wins, but it’ll mean they’ll be both competitive and fun to watch.

On the defensive side of the ball, the Panthers must, as always, 1) stop the run, and 2) pressure the quarterback. Adding two edge rushers appears likely to help with pressure, but the Panthers’ previous experience with the 3-4 in late 1996 and 1997 was that it couldn’t stop the run. Maybe, with younger talent, that will change. It had better.

And the Panthers’ secondary remains a question mark. CB1 James Bradberry remains a middle-of-the-pack cover corner and, arguably, a liability against the run. Corn Elder and Donte Jackson came on last year, but neither has yet shown the greatness needed to be a real NFL cover corner. And I’ve already talked about my concerns at safety.

In conclusion, the Panthers definitely helped themselves in the draft, but so did their divisional rivals. This team is going to have to work very hard, and be lucky to avoid many injuries, to achieve its short-term goals. And if it does not, it will face a massive rebuilding project in what likely would be the waning years of Cam Newton’s career. The stakes are always high in the NFL, but in the particular case of the Panthers, they might be higher this year than at any other time in the franchise’s history.

 

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