Blog on the Run: Reloaded

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.

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“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.)

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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.

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.

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.

 

 

Wednesday, January 23, 2019 6:47 pm

Impeachment: OK, now it’s go time, redux

On Friday I said we can wait no longer to begin holding impeachment hearings for Donald Trump in the Houses of Representatives. Now I’m gonna tell you a little more about how we can do that.

You don’t have to be a lawyer to understand this. You just need to know that Trump, like every president before him, swore an oath to “faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” (That oath is found in the Constitution at the end of Section 1 of Article II.)

Now, is there anyone out there who’s prepared to argue, seriously and sincerely, that Dolt 45 has faithfully executed the office? Or that he has worked to preserve, protect and defend the Constitution? Not only has he failed to do so, he has deliberately attempted to do otherwise.

Indeed, hundreds, nay thousands, of contrary examples exist in the public record. The House hearings could go on for years if they attempted to be comprehensive.

The Constitution, in Article II, Section 3, also requires the president to “take Care that the Laws be faithfully executed.” I think creating and artificially extending a government shutdown is not taking care that the (spending) laws be faithfully executed. I imagine it wouldn’t take much to convince a House majority of that, either.

That is what the House should do. It doesn’t need to wait for Robert Mueller, and it shouldn’t. Speaker Nancy Pelosi should direct House Judiciary Chairman Jerry Nadler to open those hearings at once, amass evidence of Trump’s malfeasance, and issue articles of impeachment for the full House to consider.

The country can’t wait any longer. Let’s do this.

 

Friday, January 18, 2019 8:02 pm

Impeachment: OK, now it’s go time

Buzzfeed reports that special counsel Robert Mueller has documentary evidence that Donald Trump ordered his attorney Michael Cohen to lie to Congress. If that’s true, Trump must be impeached immediately.

Donald Trump committed his first impeachable offense on his first day in office and has continued it daily since: profiting personally from his D.C. hotel, to which his supporters here and abroad flock, in violation of the Constitution’s Emoluments Clause. He did it right out in the open, where everyone could see it, no investigation required.

And there are varying degrees of proof in the public record that he has committed other arguably impeachable offenses, too, including but not limited to suborning perjury, money laundering, sedition (if not treason), and so on.

Since May 2017, special counsel Robert Mueller has been investigating ties between Russia and the 2016 Trump presidential campaign, as well as such possibly related issues as money laundering.

Trump was able to do what he did because for the first two years of his term, Republicans controlled both houses of Congress. They would neither hold Trump accountable nor allow Democrats to do so.

That changed on Nov. 6, when Democrats scored a victory not seen since the immediate aftermath of Watergate. Incoming Democratic House committee chairs vowed that Trump would undergo oversight.

As I say, Trump has been guilty of at least one impeachable offense since Day 1. And I believe he should be impeached, on that charge and others. But up until this morning, I had been (grudgingly) content to await the results of the Mueller investigation and/or any reports from the House investigating committees before Congress started discussing that.

And there’s a reason for that: Impeachment, a remedy included in the Constitution by the Framers, is an inherently political act. Other than treason and bribery, the Constitution doesn’t say what an impeachable offense is, with the practical result that an impeachable offense is whatever a majority of the House of Representatives thinks it is. Accordingly, I thought that for any impeachment effort to have much public support, it should be based on the findings of Mueller and/or the House. After all, when Republicans outran public support for their investigation of Bill Clinton in 1998, they paid heavily for it in that year’s midterms.

That changed this morning, when I read the Buzzfeed report that Mueller has documentary evidence that Trump ordered his attorney Michael Cohen to lie under oath to Congress about when negotiations on the proposed Trump Tower Moscow ended. Indeed, Cohen wasn’t even a source for the story. Mueller obtained the documentary evidence first and then went to Cohen for confirmation, which Cohen provided.

Directing another person to commit perjury — “suborning perjury” — is a felony punishable by up to five years in prison and a fine. Not only that, Trump’s nominee for attorney general, Robert Barr, whose confirmation hearings were held this week before the Senate Judiciary Committee, testified in response to questions from both Republican and Democratic senators that for the president to suborn perjury would definitely constitute a crime. (I’m not entirely sure Barr knows what he’s getting into here, and I’m very sure he’s not up to the task and might even be compromised, but that’s a subject for another post.)

Suborning perjury was the first thing mentioned in Richard Nixon’s articles of impeachment. There should be no doubt in anyone’s mind that if in fact the Buzzfeed report is true, the House needs to be drafting articles of impeachment immediately.

Is the Buzzfeed article true? To be fair, we don’t know. It was sourced to two unnamed federal agents. The reporters said they had seen some of Mueller’s documentary evidence, but they could  not obtain and publish copies. At this writing, no other news outlet has independently confirmed the report that I know of.

On the other hand, Buzzfeed, although a new-media upstart, is a credible and professional news outlet — so credible and professional that it was a 2018 Pulitzer Prize finalist in international reporting for what the Pulitzer board called its “stunning probe across two continents that proved that operatives with apparent ties to Vladimir Putin have engaged in a targeted killing campaign against his perceived enemies on British and American soil.” And Jason Leopold, the lead reporter on the piece, is well-regarded as a “ninja” in the business for the ways in which he has used the federal Freedom of Information Act to expose government wrongdoing. (Yes, Buzzfeed catches crap for publishing listicles and other eye candy — but that’s how it pays for investigative reporting. For the record, in 25 years in newspaper I didn’t work for a single paper that didn’t pay for the investigative work with sports, comics, and horoscope, and I don’t recall anyone complaining.) So while we don’t know whether the article is accurate, I think its accuracy is far more likely than not. And if it is accurate, that gun is as smoking and hot to the touch as they come.

Adam Schiff, the California Democrat who chairs the House Permanent Select Committee on Intelligence has said that his committee will be investigating the allegation. Ideally, Mueller will share at least enough of his documentation with Schiff to provide a basis for a referral to the Judiciary Committee for impeachment. And once that happens, Judiciary needs to roll out articles of impeachment and the House needs to pull the trigger.

We are in the midst of the longest government shutdown on record, and it is 100% the responsibility of Donald Trump and the Republicans. The House has passed measures to end it. The Republican-controlled Senate even passed a spending bill 100-0 that Trump rejected after conservative propagandists Ann Coulter and Rush Limbaugh criticized it. Since then, GOP Senate leader Mitch McConnell has not allowed another Senate vote. Trump and McConnell are holding 800,000 federal employees and an untold number of private contractors hostage over Trump’s plan to build a wall on the country’s southern border — a wall that, at this writing, almost 60% of Americans say they oppose. If the shutdown continues much longer, it may well push the country into a recession.

This presidency is on fire. This country is on fire. Given what we learned today, we cannot wait any longer. The House needs to go ahead and impeach Trump for suborning perjury; the Mueller investigation and House committee investigations should continue their investigations, but we can’t afford to wait for them anymore. Impeach Trump. Now.

UPDATE: Welp, Mueller’s office is denying the Buzzfeed story, The Washington Post is reporting. So stay tuned, kids.

 

 

 

Thursday, January 17, 2019 6:55 pm

It’s all Colbert’s fault

I blame Stephen Colbert.

The comedian was speaking to the White House Correspondents Association annual dinner in April 2006 — to the audience in general, but to President George W. Bush, whose poll numbers by then were low, in particular. Colbert said:

Now, I know there are some polls out there saying that this man has a 32% approval rating. But guys like us, we don’t pay attention to the polls. We know that polls are just a collection of statistics that reflect what people are thinking in “reality.” And reality has a well-known liberal bias.

Even then, people were getting news from comedians as well as traditional print and online news sources — and even then, if you live in reality, you had to admit that the comedians frequently provided a … well, less distorted version of objective reality than the traditional news sources.

Only here’s what I think sometimes happened. I think conservatives heard that line and took it literally. Frankly, not much else explains both the behavior of Donald Trump and the Republican Party leadership and the more or less unbudging support for Trump of roughly 37% of the population (although we learned today, from multiple sources, that that number might, finally, be slipping). They’ve shown an aversion to reality that, frankly, is hard (though not impossible) to explain any other way.

And all kidding aside, that aversion to reality can have and is having dangerous effects on the world, our country, and us personally. Only reality-based solutions to problems are likely to work.

Global warming is a huge threat to civilization, and the experts in that field say we have roughly 10 years left to make the significant changes needed to reduce the threat. Republicans mostly oppose any effort to do anything about it. That’s a step up; not so long ago most refused even to acknowledge that global warming existed.

In terms of economics, Republicans have been peddling fantasy for 40 years. No, tax cuts generally never pay for themselves, and big tax cuts on the highest earners in our country not only haven’t paid for themselves, let alone delivered the economic growth that was promised, they’ve also had the effect of funneling wealth up from the working class and middle class to the already very wealthy. I think it’s fair to say that Republicans know their tax policy is fantasy; they just don’t care.

And their policies in areas from health care to the environment are not fact-based, either, and pose the risk of tens of thousands of additional premature American deaths every year.

So it’s all Colbert’s fault, and he needs to reopen the government.

 

 

Wednesday, January 16, 2019 7:17 pm

These two things are not the same

It is hard to believe that there are still people around who think that both major political parties in the United States are the same and that they are equally bad. But I ran into one today.

Truth is, they’re not, and here’s some proof:

One and only one party has relied on appeals to bigotry, with decreasing subtlety, for more than 50 years.
One and only one party supports a fact-free economic and tax policy, one that further enriches the already very rich mainly by hoovering up what remains of the wealth of the middle class and the working class.
One and only one party has made torture an instrument of national policy.
One and only one party wiretapped its own citizens without a warrant in felony violation of the law and then, when the news became public, retroactively changed the law to escape punishment.
One and only one party wants to funnel money to for-profit prisons.
One and only one party denies the existence of anthropogenic global warming.
One and only one party supports energy policies that will make global warming worse, not better, even as scientists say we have roughly 10 years, at best, to do some pretty drastic things just to level it off.
One and only one party is imprisoning children at the border.
One and only one party is pushing to reduce LEGAL immigration by 50%, which would be economic suicide.
One and only one party is working actively to weaken our international economic and military alliances and gutting our State Department.
One and only one party is tolerating more than 30,000 firearm deaths per year, many of them absolutely preventable.
One and only one party is just fine with Saudi Arabia assassinating a U.S. journalist.
One and only one party is acting as an agent, or at least an asset, of a hostile foreign power.
 
I could go on, but I hope you get my point: Both parties are not the same. Republicans are demonstrably worse for the country than Democrats and have been since no later than 1992 and arguably since the early 1960s. Anyone who says the two parties are equally bad is lazy, ignorant or lying. There’s no other option.

Friday, December 21, 2018 5:14 pm

Bill Kristol, Davidson College, and ethics

In public life some sins really are both disqualifying and unforgivable. Bill Kristol is guilty of at least two, and Davidson should have recognized that fact and chosen differently.  

I’m going to be very up-front about Bill Kristol: I do not like him. I never have. And despite his Billy-come-lately effort to vault to the front rank of never-Trumpers, I never will.

So what am I to do with the news that my alma mater, Davidson College, has named him its inaugural visiting Vann Professor of Ethics in Society for 2019? I think the college has made a big mistake.

First, let’s make clear what this ISN’T about. It’s not about censorship or free speech, which is an issue of government regulation, not private regulation. (Davidson is a private school.)

It’s not about exposing students to a broad range of views; Davidson already does that and has for many, many years. You’d have to have gone there to understand how truly laughable we alums find it that conservative critics on occasion have criticized Davidson as liberal.

For me, the mistake here, by Davidson and by the Vann family, who are funding this initiative, is to hold Bill Kristol up as someone from whom the rest of us can learn about applied ethics. Because unless the college were to identify Kristol specifically as a negative example, that certainly isn’t true.

One can disagree with Kristol about plenty, and that’s fine, and it wouldn’t disqualify him from speaking at Davidson or even holding a guest professorship in applied ethics. But I can point to two huge tests of applied ethics that Kristol failed, at a cost of hundreds of thousands of lives and of world-historical consequences that humanity still will be grappling with long after he and I are dead. Those tests were the use of torture as an instrument of U.S. governmental policy and the invasion of Iraq in 2003.

I’ve written a great deal on this blog over the years about the ineffectiveness and evil of torture — not just what it does to the victim but also what it does to the torturer and to the nation that sanctions the use of torture. You can plug “torture” into the search box over there on the right and find it all; it is, as the lawyers say, incorporated by reference.

Not only did Kristol support torture, , he also continued to support it even after all previous arguments for its use during the War on Some Terror had fallen flat. Why would Kristol — why would any human being — continue to support the use of torture even after all the practical arguments on its behalf have been weighed and found wanting? Is there an argument for supporting it other than a practical one? The War on Some Terror is 17 years old, and I have yet to come across such an argument. That Kristol has not repented of his views that I can find suggests he continues to support torture, and for what? For its own sake? That, I suspect, is a question for him and his counselor, but the fact that it exists ought to be disqualifying for a person expected to provide guidance to others in the field of applied ethics.

The other huge test of applied ethics that Kristol failed was the U.S invasion of Iraq in 2003. He and Robert Kagan were among the nation’s leading advocates for that invasion, and the only reason they weren’t the most effective was that George W. Bush, and not they, got to be the one to lie to Congress about the possibility of an Iraqi nuclear-weapons capability. To refresh your memory, most of Congress wasn’t buying what the Bush administration was selling about Iraqi weapons of mass destruction as a justification for invasion. The so-called “16 words” in President George W. Bush’s State of the Union address — the suggestion that Iraq was working on nuclear weapons, though the country in fact had no evidence that that was so — got Congress to authorize the U.S. invasion of Iraq, which, unlike Desert Storm in 1991, was illegal under the United Nations charter and international law.

Tens of thousands of U.S. service members were killed and wounded, along with hundreds of thousands of Iraqis, and the grossly mismanaged occupation of Iraq gave rise to ISIS.

As with torture, Kristol has never repented.

I don’t have a real slam-bang ending here. But in public life some sins really are both disqualifying and unforgivable. Kristol is guilty of at least two, and Davidson should have recognized that fact and chosen a different visiting professor of applied ethics.

 

 

 

Monday, November 5, 2018 7:27 pm

The 2018 elections

I have no special insight and this is probably worth what it cost you, but here’s my prediction for tomorrow:

Dems pick up 32 in the House, lose 1 in the Senate, and take most or all of the tightly contested governor’s races, in addition to ousting a number of bad actors in sub-gubernatorial and legislative races. Beto O’Rourke will not win, and this shouldn’t be a surprise; Cruz’s Senate seat was ALWAYS going to be a tough target for any Democrat in that state.

Now here’s my prediction for Wednesday:

The GOP files suit in every close race they lose for federal office, so we might not know the outcomes of some for weeks. Mueller might drop a grenade or two, but no bombs right away. And Trump likely will start firing a lot of people and moving a few more to his 2020 campaign staff.

And that’s a best-case scenario. I think we’re also likely to turn up evidence of Russian interference and vote manipulation, although not necessarily immediately, and that nothing ultimately will be done about it. And even if the Republicans have a good night, I expect politically motivated violence on their part to increase.

And if the Dems don’t retake the House by a respectable majority, we’re all in a world of hurt.

Friday, September 7, 2018 1:11 pm

Dead SCOTUS nominee walking

In any sane republic, Judge Brett Kavanaugh’s Supreme Court nomination would have been pulled by now. Not only has he clearly perjured himself, more on which in a minute, he also appears to have a gambling problem and may himself have been involved in criminal activity.

But it hasn’t been and it almost certainly won’t be. That’s because the once-noble Republican Party has degenerated completely into a continuing criminal enterprise.

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.

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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.

Finally, keep in mind that only a small fraction of the records pertaining to Kavanaugh’s tenure in the Bush White House has been made public. Given what we’ve learned from what little we have seen so far, it’s no surprise that Republicans have fought so hard to keep the records secret. And it also would be no surprise if more damaging information about Kavanaugh came to light as more records are released, as they will be.

So why haven’t senior Republicans tried to persuade Trump to pull the nomination, that we know of? Maybe they have, but given how badly this administration leaks, if that had been the case I suspect we’d have heard about it by now.

I suspect the reason they haven’t tried is because they’re JUST FINE with Kavanaugh? Why? Because Kavanaugh, like Trump, will advance their conservative agenda if confirmed, just as he has on the D.C. Circuit. He’ll vote to ban abortion and even birth control, approve their destruction of the establishment clause of the First Amendment, approve their gerrymandering, uphold their executive orders, and on and on. Character and probity mean nothing to them. They chose Kavanaugh precisely BECAUSE, for all their professed fealty to stare decisis, he will rewrite the Constitution from the bench. Given that opportunity, they would say nothing even if he shot someone dead at high noon in the middle of Pennsylvania Avenue.

Senate Democrats already should have referred these matters to the Justice Department for a criminal investigation. But let’s not kid ourselves: Jeff Sessions, or any other Trump-appointed attorney general, won’t allow that investigation to happen.

So his nomination, which by all rights should be dead, shuffles foward until the day, not long from now, when he can begin eating the brains of a lot of stuff that makes America such a wonderful country.

And so, because Republicans hold majorities on the Senate Judiciary Committee and in the full body, Kavanaugh probably will be confirmed before the leaves even start changing. But if the Democrats retake at least one house of Congress in November, Kavanaugh could be facing impeachment before midwinter. He probably wouldn’t be convicted – Republicans would need only 34 Senate votes to keep him in office, but he’d be permanently tarred. And that, in this era of diminished expectations, might be the best we can hope for.

So, to sum up: Not only has Kavanaugh lied under oath to the Senate at least five times, not only does his own email suggest he has a gambling problem, but Sen. Patrick Leahy also caught him lying about his involvement in the Republican effort to benefit from Russian interference in the 2016 election – the very investigation of which will come before him if he’s confirmed to the Supreme Court and which might well come before him on the D.C. Circuit even if he isn’t. This nomination is fatally flawed and should be pulled. If it isn’t, Sens. Richard Burr and Thom Tillis should vote against it. But it won’t be, and they won’t, because the GOP is nothing anymore but a continuing criminal enterprise.

***

UPDATE, 9/8: My longtime friend Rob Campany writes on Facebook:

Bill Burck, the lawyer who has been deciding which of these documents about Kavanaugh are released to the committee and of those which documents the public is allowed to see, currently represents former White House chief of staff Reince Priebus, former White House adviser Steve Bannon and the current White House counsel Don McGahn, specifically in the Russia matter, along with at least three other current or former Trump staffers.

He’s representing like six people in the Russia investigation and he`s deciding what we’re allowed to know about the nominee who appears to have been picked probably because of the Russian investigation.

It’s starting to feel like the Mueller investigation and the Kavanaugh nomination are not competing stories anymore. It is starting to feel like this is the same story.

Rob refers to this MSNBC story, which I encourage you to see. Not only are we on the verge of confirming a gambler and perjurer — and having a gambling issue is only one of many things that can keep you from even having a law license in most states — we may be confirming someone complicit in the Russia conspiracy.

 

Thursday, September 6, 2018 8:00 am

Narcissistic, extraconstitutionalist chickenshits

If an anonymous op-ed in The New York Times is to be believed, a few plucky White House staffers are trying to save America and the world from the worst impulses of Donald Trump and expect our support and gratitude.

Screw them.

Screw them because of their narcissism. They clearly are off on this trip in which they and they alone are preserving the country, protecting the rest of us from disaster. That isn’t how the system works, more on which in a minute. Moreover, their perception of disaster is WAY too selective. They pick and choose the papers they don’t like to sneak off the president’s desk, while allowing environment depredation, the caging of children and the evisceration of health care for millions of Americans, thousands of whom will die as a direct result.

Screw them because they swore an oath to uphold the Constitution and instead are operating way outside of what law and the Constitution require. Their duty requires them, if they believe the president is unfit, to resign, come forward publicly, and work for Trump’s impeachment, resignation, or removal from office under the 25th Amendment. The author says he (and the piece is so narcissistic it almost has to have been written by a guy) and his colleagues discussed trying to invoke the 25th Amendment but didn’t want to provoke a “constitutional crisis.” Dude. That horse has gotten out of the barn, over the hill, sired 25 Triple Crown contenders, died peacefully in his sleep and been buried with honors in the Pimlico infield.

Screw them for not having the guts to come forward publicly. Whoever wrote this seems determined to try to maintain some post-Trump viability. That suggests the author either already is a politician – Director of National Intelligence Dan Coats, a former U.S. senator, and U.N. Ambassador Nikki Haley, a former S.C. governor with national political ambitions, come immediately to mind – or is a staffer with political ambitions. Unfortunately, this situation is more important than one person’s political career, a fact the author and his confreres directly refuse to acknowledge.

And, finally, screw them for this:

The bigger concern is not what Mr. Trump has done to the presidency but rather what we as a nation have allowed him to do to us. We have sunk low with him and allowed our discourse to be stripped of civility.

Oh, HELL, no. You don’t get to foist the responsibility for this disaster on everybody else. I didn’t “allow him to do [this] to us,” and neither did 65 million other Americans. YOU made this possible, and you need to understand that and own it. In public. By name. Now.

 

 

Monday, July 23, 2018 7:31 pm

For the 4,683rd time: No, the two parties are NOT both equally bad

I see some version every day, usually multiple times a day, of this argument: “Both parties are to blame for our problems. They’re both equally bad.”

I’m not sure why today’s iteration, a point made in passing by someone I don’t know in the comments of a friend’s Facebook post, triggered me when all the others didn’t. There was nothing unique about his argument, and it wasn’t even his main point.

But he said it, and I reacted viscerally. After taking some time to boil down my thinking, here’s where I am.

Whoa, sorry, ” … the two parties … simply will not compromise for any reason whatsoever”?? No, sir. WRONG. ONE party will not compromise for any reason whatsoever, as a result of which actual Holocaust survivors are warning us that we’re heading down the same road Germany followed in the 1930s.

I’ll give you just one example, albeit a hugely important one. Obama was elected in 2008 with a clear mandate to do something about health care. Rejecting the pleas of his own base for single-payer, something many other Western industrialized democracies are quite happy with, he instead offered what became the ACA, which originated in the 1990s as the Republican/Heritage Foundation alternative to Hillarycare. Democrats accepted more than 130 Republican-sponsored amendments to the original bill. And still, it passed without one single Republican vote. I could cite many more examples.

Please stop repeating false storylines. Both parties are not equally bad. One and only one party has rejected science and truth. One and only one party has made itself an agent of a hostile foreign power and a perpetrator of treason — yes, treason; I’m well aware of the legal definition. One and only one party is pushing economic and tax policies that transfer vast quantities of wealth upward from the poor and middle class into the hands of a hyperwealthy few. One and only one party is campaigning on undisguised appeals to racism and other forms of bigotry. One and only one party is breaking down our democratic norms and our constitutional system of checks and balances. And it’s the party to which I belonged for 38 years: the GOP.

I think the reason why so many people adhere to this view is that no one ever challenges them on it, despite the abundance of grounds on which to do so. Another reason is that some people on cable TV say it, and they don’t get challenged either.

Well, we all know it’s bullshit. So it’s time to call it bullshit, out loud and without apology. If the Democratic Party were flawless I’d join it, and I haven’t done that for a reason. But the Republican Party has gone so far off the edge in so many policy and procedural areas that there isn’t any comparison, and anyone telling you otherwise is lying.

 

Monday, June 18, 2018 10:15 pm

The crying of the lambs

First, listen to this:

That’s the sound of 10 Central American children, recently taken from their parents by the U.S. Customs and Border Patrol at the U.S. border with Mexico.

Listen again, dammit. That’s the sound of a human rights violation being committed in your name and with your tax dollars. That’s audio smuggled out of an office in which your government wouldn’t allow pictures, video or audio. What are they hiding?

They’re hiding a crime against humanity: the tearing of children from their parents, perhaps never to be reunited. Already, a sheriff’s deputy has been accused of sexually assaulting a 4-year-old girl and threatening her mother with deportation if she told police.

This administration started out in mid-2015 making brown people the enemy. It has only done more so since. In the tradition of murderous dictators before him, Donald Trump has insisted that would-be immigrants from Latin America aren’t human, but animals. And so we’re viciously ripping children, including nursing infants, from their parents. In many cases, the parents are being deported but the children kept here, for what nefarious purpose we’re left to guess. The policy is so distasteful that not only Democrat Rosalyn Carter but also Republican Laura Bush have criticized it.

Why? Republicans like to insist — lie — that this is the law of the land and has been since Bill Clinton. That’s horseshit. Although this was an option, it was one that Obama and Bush 43 alike refused to choose, not least because they had to know how bad it was and how bad it would look. This is happening because Attorney General Jeff Sessions invoked this policy in April 2018 (although it always had been part of the plan). Trump, despite claiming that Democrats must “change the law,” is Sessions’s boss and could overturn this policy with a phone call.

But he won’t, because he supports the policy. He supports it because he knows his base does: 58 percent of Republicans support it, as opposed to 5% of Democrats and 27% of independents. And he supports it because he believes he can use these kids as hostages to get funding for his border wall, which wouldn’t work and would only enrich his contractor buddies.

Overall, two-thirds of Americans oppose the policy. At least 48 Democratic senators have signed on to S. 3036, a bill that would overturn the policy, but at this writing not one Republican has signed on. (Jeff Flake and Lindsay Graham and Ben Sasse have expressed concern about the policy, but as usual none is putting his vote where his mouth is.)

At this writing, more than 2,000 children have been separated from their parents. And why? In many cases, the kids accompanied their parents as they came to the U.S. to seek political asylum from the violence in their home countries. Entering this country to seek political asylum is, Hello, absolutely legal.

But there’s a catch. Such immigrants must present themselves at a designated port of entry. And the Department of Homeland Security has been delaying immigrants on the Mexico side of the border for days on end at such ports, forcing some to seek to enter the country at places other than designated ports of entry.

Thus, immigrants fleeing gang violence and death squads are forced to commit a misdemeanor in order to try to enter our country. And it is on that “basis” that children are being separated from their parents. (Some children are taken from parents under the guise of getting a bath. You know where else did that? Auschwitz.)

And the current policy calls for prosecution in 100% of such cases, with parents being told that the only way they ever will see their children again is to plead guilty.

So far, roughly 2,000 kids have been separated from their parents, and that may be an undercount. Why is this bad? It isn’t just sad or inconvenient; it can do permanent brain damage to the children who experience it:

“It is a form of child abuse,” Dr. Colleen Kraft, president of the American Academy of Pediatrics, told “CBS This Morning” co-host Gayle King. Kraft visited a Texas facility where children 12 years and younger are being held.

Kraft described seeing “very quiet” toddlers and one young girl under 2 years old “who was just sobbing and wailing and beating her little fists on the mat.”

“I was told that you couldn’t comfort or hold a crying child,” Kraft said. “And we all knew that this child was crying because she wanted her mother, and we couldn’t give that to her.”

Kraft explained how stress increases levels of cortisol, “our fight-and-flight hormones.”

“Normally that helps to protect us when there’s a dangerous situation. In the instance where children are separated from their parents, the one buffer they have against these fight-or-flight chemicals is gone and so these children are on red alert all the time and they’re not able to buffer these different hormones,” Kraft said. “And what this can do is disrupt the synapses and the neurological connections that are part of the developing brain.”

The American Psychological Association adds:

APA warned that trauma from family separation is a significant social determinant of mental and physical health, and referenced decades of documented research showing the harmful effects of parent-child separation on children and caregivers’ emotional and psychological well-being. APA implored the administration to reconsider this deleterious policy and commit to the more humane practice of housing families together pending immigration proceedings.

This is what is being done to children in our name. This is what Trump, lying, says is the result of a Democratic law. This is what we must do, says Attorney General Jeff Sessions, invoking Romans 13, despite the fact that the Bible says that unjust laws may not be obeyed, that the Torah says no fewer than 36 times that aliens must be treated hospitably and that Jesus, most famously in the parable of the Good Samaritan, constantly stresses hospitality; despite the fact that we are a secular republic and don’t use the Bible as a policy guide; despite the fact that Jeff Sessions’s own church says he’s wrong, wrong, wrong; despite the fact that a huge number of faith leaders from a wide variety of faith traditions agrees; despite the fact that Jeff Sessions ordered this to happen and Jeff Sessions could order it to stop. Secretary of Homeland Security Kirstjen Neilsen even insisted, laughably, that the U.S. had no such policy …
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We do not have a policy of separating families at the border. Period.

… even as White House staffer Stephen Miller said that it was a simple decision.

Welp. This is who we are, America in 2018. When Trump took office, tried to ban Muslims, and got hit with a barrage of lawsuits, we proudly boasted, “First they came for the Muslims, and we said, ‘Not this time, motherf*ckers.'” But, somehow, we have gotten very quickly to well past “First they came for …”

The Nazis are here, America, right here in 2018. Wake up and fight back. That means voting Democratic, every race, every time, and getting as many people as possible to the polls to do likewise. Mueller isn’t going to save us. Trump isn’t going to get bored and resign, and the current, Republican-controlled House will never impeach him. This will only stop when we elect enough Democrats to Congress to put a stop to this hideous practice, which the UN High Commissioner for Human Rights has denounced and which Amnesty International has called “nothing short of torture.”

We have roughly 150 days to the election. If enough Democrats win, we can put a stop to this and many other inhumane and ill-advised policies. But if we do not, we will slip, as Winston Churchill warned in 1940, into the abyss of a new Dark Age.

And we had better move fast, because go listen to that audio again. Those kids are already there.

Tuesday, January 30, 2018 5:57 pm

Constitutional crisis: You’re soaking in it; or, The state of the union is shaky

Later tonight Donald Trump will give his State of the Union address. There’s no reason to think that he’ll say anything truthful; accordingly, I won’t be watching. One advantage of this is that rather than playing drinking games, I can just drink, thoughtfully, like a grownup.

But if you want to know the actual state of the union, right now it is goddamned shaky. We have not one but two constitutional crises going on right now, either one of which would be serious all by itself. Together, they’re frightening.

The first is that on Monday, Trump forced FBI Deputy Director Andrew McCabe out early. McCabe had been planning to retire in March. He’s gone now, taking accrued leave to get up to his retirement date. McCabe’s crime has been allowing Special Counsel Robert Mueller’s investigation of possible Trump campaign ties to Russian interference in the 2016 election to proceed more or less without molestation.

Then, later Monday, Trump’s administration announced that despite being given a direct order by Congress, it would not be imposing additional sanctions on Russia. Congress approved those sanctions 419-3 in the House and 98-2 in the Senate specifically to punish Russia for meddling in the 2016 election. Trump’s refusal is a direct violation of the take-care clause of Article II, Section 3 of the Constitution: the president “shall take Care that the Laws be faithfully executed …”

What’s the remedy for this refusal? Impeachment. But with the Republicans in control of both houses of Congress, that won’t happen. Why not? One or both of two possible reasons: 1) The Republicans, or a significant number of them, are complicit with the Russians, and/or 2) the Republicans have finally, completely given up on putting country before party, a road they’ve been heading down since at least the 1994 elections.

When a leader commits impeachable offenses and doesn’t get impeached or criminally tried, bad things inevitably happen down the line. Nixon should have been indicted and tried; he wasn’t, and some of his underlings went on to create more trouble in the Reagan era. Reagan and then-VP George H.W. Bush should have been impeached over Iran-contra. They weren’t, and Bush was free to pardon all those convicted, some of whom went on to serve in the Bush 43 administration. Bush 43 should have been impeached for torture if nothing else. He wasn’t, and now Trump is sucking up to torturing, murdering dictators like Putin, Erdogan and Duterte and attempting to emulate them in his governing style.

You say it can’t happen here? It is happening here. The firing last year of FBI director James Comey, the forcing out of McCabe, Trump’s attempt to fire Mueller last summer, and his reported desire to fire Deputy Attorney General Rod Rosenstein, who is overseeing Mueller’s investigation, and his reported desire to have Attorney General Jeff Sessions prosecute Mueller and his team, are a slow-motion Saturday Night Massacre, and Congress and the press are sitting around with their thumbs up their hind ends. We’re very close to no longer being a nation under the rule of law, and once we pass that point, the state of the union may well be irretrievably broken.

I’m going to have that drink now.

 

Saturday, December 9, 2017 11:48 am

The diminishing view from the moral high ground

As Democrats work to align their practices with their stated principles, they — and women — risk losing a wider war.

Time magazine has dubbed them “The Silence Breakers” and named them Person of the Year: the women (mostly) who have come forward to allege sexual harassment, or worse, on the part of powerful men, many of them quite famous.

Politics having forever been a boys’ club, it’s no surprise that the trend is affecting official Washington. What has been striking, however, has been the difference in the ways Democrats and Republicans have handled allegations against their respective members.

Democratic Rep. John Conyers, the longest-serving member in the House, was forced to resign. Sen. Al Franken, the Minnesota Democrat who some Democrats believe should be the party’s 2020 presidential nominee, was forced to resign. (More on him in a moment.) Rep. Alcee Hastings, the Florida Democrat, is alleged to have used more than $200,000 in taxpayer money to settle allegations; at this writing he has not resigned, but his situation is tenuous.

Contrast that approach with the GOP’s: Rep. Blake Farenthold, a Texas Republican, also used taxpayer money to settle allegations; he hasn’t resigned and has no plans to. (UPDATE: There are new allegations against him, too.) Roy Moore, the former Alabama Supreme Court chief justice who has been accused of sexual assault by women including one who was 14 at the time, is running for the vacant Alabama seat in the U.S. Senate with the full support of the Republican National Committee, Alabama elected officials (who are mostly Republican) and President Donald Trump, himself currently being accused of sexual harassment or assault by almost 20 women. The Republicans who control Congress have expressed zero interest in expelling Farenhold, expelling Moore if he’s elected (legally, the Senate probably cannot prevent him from being seated if he wins), or even investigating Trump.

The Democrats, having long espoused equality of the sexes, and having argued at least since the 1991 Anita Hill case that women accusers should be believed, are now having to figure out exactly how that will work in practice, lest they be credibly accused of hypocrisy. There’s no road map; it’s being drawn now as they proceed. But they do seem to be acting, or trying to act, on the belief that the party’s practices should align with its principles, however painfully.

This is a particularly acute problem in Franken’s case. The allegations against him are generally far more minor in nature than those against, say, Moore or Trump. Franken has been an ally for women in the Senate. And, again, a lot of Dems would’ve liked to see him not just stay in the Senate but also go on to win the White House. But the party, publicly led by women senators, insisted he resign. And so he said he would.

But the Republicans, having not been a party that particularly favors women’s rights, have no such worries about hypocrisy. As has been abundantly clear at least since 1995, they care not about principles, only power. Accordingly, they’ve doubled down on support for Moore, primarily to protect their tenuous Senate majority.

Think about that. One of the two major parties in this country thinks it’s just fine for a credibly accused child molester to be a U.S. Senate candidate, and to be seated if he wins. And while the press hasn’t exactly endorsed Moore — indeed, Alabama’s three largest newspapers editorialized against Moore and in favor of his Democratic opponent, Doug Jones — neither has it made enough of a stink about the GOP’s appalling lack of a moral center. And Republican voters are all for him, and not just in Alabama.

Now think about this: Suppose Moore were a Democrat, and his Republican opponent would become the 51st Republican senator — enough to, say, overturn the Affordable Care Act or some other law favored by liberals. Would the Democrats take the “Democrats uber alles!” approach? It’s inconceivable that they would (I suspect most would sit the race out, which is as good as voting for the Republican). And in the unlikely event that they did, it’s inconceivable that the news media would accept that decision with the equanimity that it seems to be accepting GOP support of Moore.

Herein lies a major dilemma for Democrats: If they do the right thing — and punishing sexual harassers and abusers is indisputably the right thing — they’ll get, at best, nominal congratulations from their base (some of whom will argue, correctly, that this course correction is happening decades too late), nominal praise from the news media, and little to no political bump.

Republicans, on the other hand, have decided that they can brazen out anything — and that therefore, they will. If anything, this is enhancing the already-strong party support from the base. Moreover, Republicans are not paying a price either in news coverage or in public esteem; the country already is deeply divided along partisan lines, so any movement would be minimal to begin with, but even so, the latest disturbing news about GOP support for a sexual predator is having little to no discernible impact on voter registration.

So from a political standpoint, what’s the benefit to Democrats of doing the right thing? It keeps the base on board, which is important, but beyond that, benefits are hard to see. And why does that matter? Because the Republicans are actively hostile to women’s rights, and only the Democrats can stop them from their current path toward banning not just abortion but also birth control, halting efforts to ensure equal pay for equal work, and many other things — yes, including stopping sexual harassment. As Slate’s Dahlia Lithwick observes:

Is [Franken going while Moore stays] the principled solution? By every metric I can think of, it’s correct. But it’s also wrong. It’s wrong because we no longer inhabit a closed ethical system, in which morality and norm preservation are their own rewards. We live in a broken and corroded system in which unilateral disarmament is going to destroy the very things we want to preserve.

To see the double standard in action, watch Mike Huckabee making the case that Roy Moore should be welcomed into the Senate because Franken has stayed. Then keep watching and realize that in the next breath, he adds that Moore has “denied the charges against him vehemently and categorically” so they must be false. Franken and Conyers are deployed by the right to say Moore should stay, and then they are dismissed as suckers for crediting their accusers.

We see this dynamic in other areas of politics, too, such as to what extent Nazis should be given the same rights as everybody else: The problem is that Nazis aren’t playing by the same rules as everyone else; they intend to use their rights to get into a position in which they can deny the rights of others. And as Supreme Court Justice Robert Jackson, who presided at the Nuremberg war-crimes trials, has famously observed, “The Constitution is not a suicide pact.”

So what can the Democrats do? I don’t think playing the game the way the Republicans do is the right call; that way, no one wins, least of all the victims of sexual harassment and assault.

Beyond that, I would argue that the party needs to make this issue a priority, by which I mean Democrats in both houses of Congress, and particularly the women senators who brought about Franken’s resignation, ought to use the rules of their respective houses to throw enough wrenches into the works to bring business to a standstill until there’s a bipartisan investigation of the allegations (including alleged the rape of a then-13-year-old girl) against Donald Trump and against Supreme Court justice Clarence Thomas for lying about his treatment of Anita Hill, and a standard procedure to follow in each house when a member is accused of sexual misconduct. If a government shutdown ensues, so be it. This matters (UPDATE: and if Vanity Fair is correct, it’s about to start mattering a whole lot more).

From where I sit, Al Franken had to resign. Yes, there’s some circumstantial evidence that the first accusation against him was by a Republican operative. But the accusations against him, though minor as these things go, were too serious, numerous and credible to ignore.

But rather than simply announcing he would resign — and even noting the irony of his resignation when Trump, accused by more people of having done worse things, remains in office — I wish Franken had said, “I will resign … right after you do, Mr. President.” That would help restore some of the moral and ethical balance now currently MIA in U.S. politics, and it would lessen the political costs and enhance the political benefits to the Democratic Party of redoubling its work on behalf of the victims of sexual misconduct, and on behalf of women generally.

Monday, October 2, 2017 7:31 pm

An immodest but entirely justified proposal

If you think that 58 dead and 200+ wounded and 273 mass-shooting incidents in just three-quarters of a year are “the price we pay for freedom,” for God’s sake just kill yourself.

Tuesday, August 15, 2017 7:39 pm

Trump assumes the chancellorship

It took a tragedy, but we now know, finally and forever, who Donald Trump is: He’s a Nazi.

We learned this as the result of the “Unite the Right” march in Charlottesville, Va., during which a counterdemonstrator was killed and 19 others injured when a Dodge Challenger rammed into a crowd, then rapidly accelerated away in reverse. James Alex Fields Jr., 20, of Ohio, has been charged with second-degree murder and other felonies. Fields has been described by former teachers and others who knew him as obsessed with Hitler and Naziism, and he was photographed with a fascist group shortly before the car incident.

The march ostensibly was to protest the planned removal of a Robert E. Lee statue from a park in Charlottesville. So let’s talk for a minute about that statue and the many other statues and monuments ostensibly erected to honor the Confederacy. You know when the bulk of them were actually erected? Fifty or so years after the war, at the height of Jim Crow, with another spike in construction during the civil-rights era about a century after the war. In other words, these statues and monuments didn’t honor the Confederacy, they honored white supremacy. So what should we do? Seems pretty clear to me: take them all down, melt them down so as to make something truly useful of them, and display pictures of them in museums alongside images of the lynched bodies of African American victims of Jim Crow.

But taking them down would be illegal here in North Carolina, where the legislature a couple of years ago passed a law, enthusiastically signed by ex-Gov. Pat McCrory, that no such statue or monument could be taken down. This fact calls to mind something often attributed to Thomas Jefferson that he didn’t actually say: “When laws become unjust, resistance becomes duty.” Irrespective of authorship, it’s a damn good thought. And so it was that a number of people took it upon themselves Monday to pull down a Confederate statue on the grounds of the Durham County Courthouse an hour or so from me. The sheriff’s department is filing felony charges, which strikes me as adherence to the letter of the law while defecating on its spirit.

Meanwhile, Trump went quite a while before saying anything about the death of Heather Heyer and the injuries of 19 other people. Finally he said, “We condemn in the strongest possible terms this egregious display of hatred, bigotry, and violence on many sides, on many sides,” and added, “What is vital now is a swift restoration of law and order and the protection of innocent lives.”

So many things wrong with that.

For starters, Trump equates the few skirmishes caused by counterdemonstrators with the terrorist act of a Nazi of driving a car at speed — 35 to 40 mph — into a crowd of people he disagreed with politically. He also made sure to include “law and order,” which has been a racist dogwhistle since Nixon’s Southern Strategy in the 1968 campaign and also has been a mantra of the extremist right.

Not just anti-Nazis but even some of Trump’s own staff asked him to speak more forcefully against the white supremacists. He finally did on Monday, but as many an observer noted, he did so with the affect of someone making a hostage video.

And, indeed, earlier today, he returned to his original position and then some, basically defending the Nazis in his first news conference in basically forever:

TRUMP: Okay, what about the alt-left that came charging at [indiscernible] – excuse me – what about the alt-left that came charging at the, as you say, the alt right? Do they have any semblance of guilt?

REPORTERS YELL INDISTINCTLY

TRUMP: What about this? What about the fact that they came charging – they came charging with clubs in their hands swinging clubs? Do they have any problem? I think they do.

REPORTERS YELL INDISTINCTLY

TRUMP: As far as I’m concerned, that was a horrible, horrible day. Wait a minute, I’m not finished. I’m not finished, fake news. That was a horrible day.

REPORTERS YELL INDISTINCTLY

TRUMP: I will tell you something. I watched those very closely, much more closely than you people watched it. And you had, you had a group on one side that was bad. And you had a group on the other side that was also very violent. And nobody wants to say that, but I’ll say it right now. You had a group – you had a group on the other side that came charging in without a permit, and they were very, very violent. [emphasis added]

TRUMP: Those people – all of those people, excuse me – I’ve condemned neo-Nazis. I’ve condemned many different groups, but not all of those people were neo-Nazis, believe me. Not all of those people were white supremacists by any stretch.

Earlier this year, when Trump managed to give a speech without defecating all over both of his own feet, some idiot pundit said, “Tonight was the night Trump became president.” Well, today was the day Trump became either Grand Kleagle or chancellor, setting himself clearly on the side of the white nationalist movement, his voting base.

A lot of people of good will have argued that the Nazis and other white supremacists have First Amendment rights, too, and, yes, they do. But let’s keep something in mind that Joseph Goebbels, Hitler’s future Minister of Propaganda, said upon becoming one of the first Nazis elected to the German Reichstag, in 1928 (h/t to Dan Conover for the reminder of this):

We enter parliament in order to supply ourselves, in the arsenal of democracy, with its own weapons. If democracy is so stupid as to give us free tickets and salaries for this bear’s work, that is its affair. We do not come as friends, nor even as neutrals. We come as enemies. As the wolf bursts into the flock, so we come.

I’m not sure exactly how you balance those competing interests. For the sake of the country, we had damned well better balance them in favor of preserving democracy, but it is clear from their actions that neither Trump nor many of his backers are interested in that. They’re here to mess us up as the wolf bursts into the flock.

One of the disturbing tidbits to come out of the Charlottesville incident was that state and local law enforcement adopted a mostly hands-off attitude toward the white supremacists in part because they felt outgunned. Look, there are two and only two possible responses to this: Up-arm your police or, preferably, tell the marchers they must disarm. The ultimate responsibility of law enforcement is to protect the public, and that means mitigating the threat at the source.

And if it takes a rifle to fend off the wolf, so be it; democracy is that valuable. As I’ve said before, if the tree of liberty must be refreshed with the blood of seditious white jackasses, I’ll cheer on the National Guard and not lose a minute’s sleep.

 

 

Wednesday, June 7, 2017 7:58 pm

American Gulag

This is a first for Blog on the Run: a guest post. The author is a contemporary of mine who has top academic credentials in German and Soviet history. Her comments refer to this article, published earlier today by The Guardian. An excerpt:

Behind two rows of high fencing and winding coils of razor wire, and surrounded by thick forest in central Louisiana, hundreds of miles from the nearest major city, stands a newly created court the Trump administration hopes will fast-track the removal of undocumented immigrants.

Hearings take place in five poky courtrooms behind reinforced grey doors where the public benches, scratched with graffiti, are completely empty. There is no natural light. The hallways are lined with detainees in yellow jumpsuits awaiting their turn before a judge. The five sitting judges were quietly flown in by the US justice department from cities across the United States and will be rotated again within two weeks.

The new setup is part of Donald Trump’s attempts to ramp up deportations by vastly expanding the arrest powers of federal immigration enforcement and prioritising more vulnerable groups of detained migrants in new court locations around the country. It has received little scrutiny since its introduction following a presidential order in January, and the Guardian is the first news organisation to observe proceedings here.

My friend comments:

This is a black hole of a prison, devoid of civil rights, humanitarian observers, and legal aid, although it’s on American soil. It is in Louisiana, the state where I was born, in the middle of nowhere. Maybe some nutria and waterbirds notice what is going on.

What did the Bush administration call what they did in the early ’00s? “Extraordinary rendition,” a/k/a kidnapping and transport to prison and interrogation (and sometimes torture), the transportation being generally from one country to another. The Bushies maintained that the people subjected to this were under suspicion of great crimes. A significant number were found to be innocent of terrorist activity.

Now this “rendition” (bland word for abduction) happens to people who have behaved lawfully, deceived no one, paid taxes, and generally behaved better than the troll who inhabits the White House. TrumpsterFire can’t be allowed to create his own GULAG. And as a scholar of German and Soviet history, and of totalitarianism, I make that comparison with full understanding.

Monday, May 15, 2017 8:56 pm

Grounds for impeachment

The Washington Post’s newest story on Donald Trump makes a good time to stop and assess where we are right now. And where we are right now is damned depressing.

Were I a member of the U.S. House, right now I could introduce no fewer than four articles of impeachment regarding Trump, any one of which would be grounds for removing him from office.

  1. He retained a foreign agent (Michael Flynn) as national security advisor for days after being advised that Flynn was a foreign agent.
  2. He obstructed justice by firing FBI director James Comey, who was leading an investigation into Trump’s Russia ties (more on which below).
  3. He has committed serial violations of the Emoluments Clause.
  4. As documented in the Post article linked above, he has not only leaked highly classified (“codeword”) intelligence to the Russians, he also blew an anti-ISIS intelligence source managed by another country in doing so. This was information so sensitive we weren’t even sharing it with our other allies. Indeed, it is hard to read about this disclosure and not wonder why Trump isn’t being indicted for treason.

Any or all of these actions are grounds for impeachment and removal from office, even before the investigation of Trump’s Russia ties really gets going. That investigation, I am convinced, will at the least find evidence that Trump laundered Russian money, if not evidence of other crimes as well. And I’m almost as sure that it will implicate a number of Trump associates, among them Vice President Pence and House Speaker Ryan in the line of succession.

The Republicans control the House and Senate, so, naturally, Congress is doing nothing about these crimes, even though if President Hillary Clinton had committed them, she would have been impeached before sundown. But Congressional Republicans, to a man and woman, are accomplices in treason, nothing but Putinesque cockholsters.

Some commenters have drawn comparisons between the Comey firing and Watergate. But Watergate was just the cover-up of a third-rate burglary. What Trump is doing is much worse, and this time around we haven’t a single Congressional Republican willing to put country before party.

For 38 years, I was a law-and-order Republican, and here’s what I think: Trump needs to hang for treason. And Congressional Republicans need to hang alongside him.

 

 

Friday, April 14, 2017 3:07 pm

Report of sorts on the town hall held this morning by my congresscritter, U.S. Rep. Ted Budd, R-NC13

First, a bit of background for those who aren’t from ’round here.

The congresscritter: Freshman GOP Rep. Ted Budd of the newly redrawn 13th CD of North Carolina. Ran a gun shop before getting elected. In a GOP-leaning district, the political newcomer emerged almost literally out of nowhere from a crowded GOP primary field mainly because he got a boatload of Club for Growth money. Club for Growth is a 501c4 that represents the tax-cuts-for-the-rich-and-steal-middle-class-wealth-by-any-means-necessary wing of the GOP, which is to say the party mainstream.

The district (into which I was placed recently after having spent almost 30 years in NC06): Encompasses about the southwestern third of Guilford County, along with Davie and Davidson counties and most of Iredell County. All but Guilford are heavily Republican (and I cut my reporting teeth in Iredell almost 35 years ago writing about Ku Klux Klan activities there); Guilford was the only part of the district Budd didn’t carry. N.C. districts were redrawn after the 4th Circuit threw out the pre-existing congressional districts on the grounds that they’d been racially gerrymandered, targeting African American voters “with almost surgical precision.” The districts redrawn since still gerrymander to the enormous benefit of Republicans; their constitutionality is in question, too.

The venue: 9 a.m.-noon today in a conference or dining room in the Marriott Hotel on North Greene Street in downtown Greensboro. (If you’re interested, Budd just opened a district office in Greensboro, at 4400 Piedmont Parkway.) For most of that time, between 100 and 200 people were in the room at once. Some came and some went, so I have no idea what total attendance was.

The town hall format: Other than the fact that there was decent free coffee, a fustercluck. More on this below.

# # #

First, let’s give Ted Budd credit for even showing up. That’s a low bar, but it’s one a significant percentage of his GOP House colleagues so far haven’t cleared.

Second, let’s give him credit for being in the moment. He already had started talking to people when I arrived about 8:45, and he was still going (although he’d been warned by an aide that time was up) when I left at 12:10. During all that time, he was on his feet and talking to people without so much as 3-minute bathroom break. He shook hands, looked people in the eye, really seemed to be listening attentively, didn’t interrupt anyone at all that I recall, referred people to staffers if the issues they were raising were ones with which staff reasonably could be expected to assist, and seemed to treat everyone — Democrat, Republican, unaffiliated, male, female, etc. — pretty much the same, which is to say, in a word, courteously, and he did that whether each conversation ran to two minutes or 10.

It is here, however, that I pretty much run out of credit to give Budd.

Let’s start with the format. It was great … if you were Budd. For the rest of us, it sucked. Here’s what I mean.

When you think of a town hall, you generally think of a large room with the congresscritter down in front with a microphone and constituents in seats, stepping up one at a time (ideally to another microphone) to ask a question or state an opinion on an issue. The whole room gets to hear the question, and the whole room gets to hear the congresscritter’s response.

That’s not what this was. This was more like a cocktail party (without cocktails, sadly), with Budd holding serial one-on-one conversations with attendees. He did not use a microphone. He moved around the room a fair bit, surrounded by a cluster of people (often including TV people with large cameras) who wanted to talk to him and therefore were forced to move with him. Often, only Budd and his interlocutor could hear what was being said. There were almost no chairs in the room until some of the attendees prevailed on hotel staff to bring a few more.

The format favored the tall and the people who were fit enough to stand in one place for extended periods, who, probably not coincidentally, also were the most likely demographic to be Budd supporters. I got close enough to take my turn with Budd several times but instead invited others who didn’t seem to be doing so well physically to go ahead of me.

It also made it very difficult — and I believe this was intentional — for others to record what Budd was asked and what he said in return. A lot of people, including me, tried, but based on what I was able to record, which wasn’t much, I doubt very many people got much that was usable. This deliberate strategy is intended to minimize the risk that a recorded statement, question, or possible gaffe by Budd could go viral.

Several attendees directly criticized Budd for this approach; he ignored them. A large number of us tried to encourage everyone else to sit on the floor and force Budd to address us as a group; the effort worked a little at first but then fizzled out. One large, loud guy (not me) on the edge of the scrum directly questioned Budd over everyone else’s head about health-care policy; the question got applause but Budd didn’t really answer it, so no progress there. (My friend and former colleague Joe Rodriguez of the News & Record captured that exchange on video; I’m hoping it’ll be up later at greensboro.com. UPDATE: Here it is. His colleague Kate Queram also got some of it here.)

I would suggest to anyone going to such an event in the future that you try to organize the crowd to insist that the congresscritter speak to the crowd as one.

Finally, there was Budd’s substance on the issues, which was, by and large, deplorable.

The guy did, in fact, oppose the Republicans’ American Health Care Act (AHCA), the would-be replacement to the Affordable Care Act (“Obamacare”). The AHCA would have given the top 1% of this country’s earners a $3.8 trillion tax cut while removing up to 24 million Americans from the insurance rolls over the next 10 years, according to the nonpartisan Congressional Budget Office It also would have eliminated many popular and efficient provisions of the ACA, such as requiring coverage for mental-health care, allowing children to remain on their parents’ plans until age 26, requiring coverage for pre-existing conditions, and so on. But Budd opposed the AHCA not because it went too far in enriching the rich and screwing over the middle class and poor, but because it didn’t go far enough. And in at least one exchange near the end of the event, he was forthright enough to say so.

Budd at least gave lip service to the notion of Congress as a watchdog on the executive branch. But in response to my asking him why he opposed an independent special prosecutor to examine Trump’s Russia ties, Budd continued to insist that a bipartisan congressional investigation is the best method for finding out the truth there. There is, of course, nothing in the past 16 years to suggest that congressional Republicans have the slightest interest in holding a Republican executive branch accountable, even when a president goes on live TV and admits to having ordered torture or begins violating the Constitution’s Emoluments Clause on his first day in office, and plenty to suggest that they’re eager to abuse the process if it can persecute a Democrat.

Budd strongly supports cutting off all federal funding to Planned Parenthood, even though federal law already bans spending federal dollars for abortion services and even though many poor women can only get primary medical care through Planned Parenthood. Budd argued that 1) because money is fungible, ANY money given to Planned Parenthood is helping pay for abortions, and 2) there are alternative outlets for available, affordable medical care for Planned Parenthood’s patients, although when challenged to name even one in Greensboro, he couldn’t do it. UPDATE: He apparently asked an aide to provide such a list for the constituent who asked him about it; I’ll be surprised if such facilities exist.

(And the thing about that fungibility argument is that it is, itself, fungible: I can use the same argument as a basis for saying I shouldn’t pay federal taxes because they’re going to enrich Trump by paying for his $3-million-a-week visits to his private, for-profit Mar-A-Lago compound. Indeed, I would have the better case.)

Budd believes with Trump that we need to spend even more on the military and less on government programs that help people. At this point, it is hard to think of anyone who still holds this position as anything other than a sociopath.

Budd believes the science of climate change has been, in his word, “politicized,” although he offered no proof. He argued that state, rather than federal, environmental control is best, even though (as I pointed out under my breath at the time) tainted air and polluted water cross state lines; much of North Carolina’s air pollution problem until recently was caused by coal-burning power plants in the Midwest. He argued that environmental regulations are “choking” businesses, even though 1) there’s little research to prove that and 2) we DO have research showing that most such research undervalues human life by a factor of about six.

Budd, an evangelical Christian, reiterated the old canard that the phrase “separation of church and state” is not to be found in the Constitution, a literal truth joined at the hip to a contextual lie: It ignores the existence of the establishment clause of the First Amendment: “Congress shall make no law respecting an establishment of religion …”

To conclude: Budd is polite and courteous enough, but he is a dangerous ideologue who will pursue measures that weaken the United States strategically, economically, spiritually and as the world’s last, best hope for freedom. He’s smart enough not to behave like a total dick (see, inter alia, Berger, N.C. Sen Phil) in one-on-one interactions. But when you’re a congresscritter, your votes are your morals, and his past votes (he has sided with the GOP all but once in more than 200 recorded votes to date, per one of his aides) put him squarely on the side of screwing the middle class and the poor, imposing a brand of Christianity on this country that tens of millions of Christians find appalling, and actively harming the people whom Christ called “the least of these.” Based on his stated positions, his future votes appear likely to ignore science to do the bidding of Big Carbon even at the expense of killing the Earth (or at least human civilization as we know it), and supporting agents of a hostile foreign power in the White House, to the detriment of U.S. freedom and the country’s global interests and those of its allies. Indeed, Budd seems to have no problem with a “president” who, as I type this, may be getting us into an unnecessary war with North Korea in which millions on the Korean peninsula alone could die.

And don’t even get me started on the gun industry.

Budd strikes me as a younger version of Howard Coble — not the Howard Coble you read about in the media, but the real one: a man who cunningly used an affable personality and nonpartisan affectation to deflect attention from his cold-blooded pursuit of a partisan and dangerous agenda with his votes. The 13th District Democratic Party needs to find at least one qualified candidate to run against Budd, and it needs to do it today.

UPDATE: Reporter Kate Queram also covered the event for the News & Record and was livetweeting it, starting here. Her story is here.

UPDATE: Jordan Green’s report for Triad City Beat is here.

Wednesday, March 1, 2017 9:05 pm

In which your news media attempt to polish a turd

A couple of months ago, I warned you that whatever came of Donald Trump’s likely disaster of a presidency, the news media would be of no use in helping us fight it. We got proof of that last night and today in the media’s coverage of Trump’s joint address to Congress.

To begin with, as several media fact-checking outlets reported, practically every factual assertion made by Trump was a lie. Despite having an army of researchers at his disposal, the president of the United States stood before Congress and told lie after lie after lie. One can only conclude that the lies were intentional, and that alone should have led to universal condemnation of the address.

But, no, it gets worse.

Trump highlighted his executive order directing the Department of Homeland Security to create something called the Victims of Immigration Crime Engagement office, to work with people who are victims of crimes created by immigrants. He did this despite the fact that immigrants commit crimes and are incarcerated at a rate significantly lower than native-born Americans. He also did this despite the fact that it is quite reminiscent of the practice of Nazi Germany of publicizing crimes committed by Jews.

If the lies didn’t turn off the media, the Nazism should have. And if Trump had stopped there, it would have been bad enough.

But no.

As the grotesque centerpiece of his speech, Trump “honored” Carryn Owens, who was widowed in late January when her husband, Navy SEAL Senior Chief William “Ryan” Owens, was killed on a mission in Yemen.

Keep in mind that this mission was launched without adequate intelligence, one result of which was that both Ryan Owens and numerous civilians were killed. As commander-in-chief, Trump bears the ultimate responsibility for the outcome, yet earlier Tuesday he had tried to throw military officers under the bus:

“This was a mission that started before I got here,” the president said. “This is something that they (his generals) wanted to do. They came to see me; they explained what they wanted to do.

“My generals are the most respected we’ve had in many decades I believe.”

Indeed, The Washington Post quoted Trump as saying of his generals, “The y lost Ryan.”

Trump touched all the bases of appallingness in this set piece.

He insisted that the military had obtained actionable intelligence from the raid, a claim the military insists is not true.

He overlooked the fact that not only was Ryan Owens’s father, William, not present, William Owens has strongly criticized Trump’s handling of the raid, had refused to meet with Trump when his son’s body arrived back in the United States, and has called for an investigation of the raid.

And then, as applause for Carryn Owens filled the chamber, Trump added, “And Ryan is looking down right now, you know that, and he’s very happy because I think he just broke a record” with that applause.

I am running out of words to say how vile this construction is. He was using  Carryn Owens as a hostage, a human shield against his manifest mishandling of the raid. And he managed, by remarking on the level of applause, to make it all about him, not Carryn Owens or her late husband.

One would think that a perceptive and competent media would recoil at this performance. And as I predicted, you would be wrong. While there were a few dissenters, many commentators focused purely on Trump’s tone — which was, in fact, significantly more reserved than in his previous speeches — in saying that he had been “presidential.”

I would expect a toad like Senate Majority Leader Mitch McConnell to say something like that, even if, in doing so, he was admitting that up until now, Trump has not been presidential. McConnell is about GOP power, not the public interest.

But CNN commentator Van Jones, normally a liberal stalwart, announced, “He became President of the United States in that moment. Period,” and added that if Trump can conjure more moments like that, “He’ll be there for eight years.”

Perhaps the second-worst offender behind Jones was Chris Cilizza, who writes for The Washington Post’s political column The Fix:

1. Trump rapidly grasped that this was a real moment — and he didn’t step on it by trying to immediately return to his speech. Lots of politicians, obsessed with making sure they got the speech out in the allotted time, would have moved on too quickly — missing the resonance of the cascades of applause that washed over the rawly emotional Carryn Owens. Trump understands moments; he stepped away from the podium, looked to Owens and just clapped. For the better part of two minutes, the only thing you heard in the room was loud applause and the only thing you saw was Owens crying and looking heavenward. Very powerful stuff.

Critics will say — and have already said — that Trump was using a widow’s emotion for political gain. But Owens willingly agreed to come to the speech knowing Trump would single her out. And, politicians of both parties regularly use these tragic moments to make broader points about our country and its policies. That’s politics. To suggest that Trump somehow broke with political norms here is to turn a blind eye to virtually every speech like this given by any recent president of either party.

2. Trump showed some grace. There has never been any question that Donald Trump is happiest when people are talking about, looking at and generally obsessed with Donald Trump. He’s never shown much grace in the public eye, often exhibiting a sort of ham-handedness in situations where some delicacy is required. But not Tuesday night. Trump, dare I say, gracefully handed the spotlight to Owens — even taking a few steps back to let her have that moment. For a candidate, a man and a president who has shown a stunning inability to ever make it about anyone other than him, it was a very deft move.

Well, no. As regards Point 1, Cilizza is engaged in the perennial DC media both-siderism that deprives the American people of an honest understanding of what is causing our problems. It’s true that both parties have used widows/widowers of fallen heroes in political appearances, but no one — no president ever — has used a newly minted, grieving widow as a human shield the way Trump did. As for Cilizza’s Point 2, the “grace” Trump showed was that of a person with narcissistic personality disorder who, for perhaps 30 seconds, became asymptomatic. Applauding that is like cheering a grown man for not deliberately shitting on the carpet.

Cilizza must have been stung by some of the comments, because he then posted on Twitter, “I ask again though: Why can’t Trump be praised for delivering a good speech full stop?”

SpecialKindOfStupid

 

 

 

 

 

 

 

But his column did not hide him, nor his Twitter feed give him shelter. Among some of the Twitter responses:

“Because speech as performance is meaningless to non-pundit human beings deeply impacted by the substance of a president’s policies.”

“Because you eat up everything he says, no matter how dangerous it is, as long as he leaves you out of it.”

“Only reason you think it’s ‘good’ is Trump avoided saying Jewish bomb threats = false flags. You know, like he did EARLIER THAT DAY.”

“Gee, Chris, you know who ELSE gave nationalist speeches while hating on immigrants?”

You get the idea: There were dozens, maybe hundreds, of people who aren’t employed by the Washington Post who were just happy to point his errors out to him.

But that’s not good enough. The errors do damage, and corrections or walkbacks, if any, don’t undo that damage. The media need to be calling out this bullshit for what it is, and they need to be doing it in the moment.

But that’s not going to happen. The earlier post I linked to at the top of this post goes into most of the reasons why, and the media’s performance after last night’s Trump speech merely confirms what I predicted months ago: We are well and truly on our own.

 

Tuesday, February 21, 2017 7:42 pm

What we have learned this week about U.S. conservatism

I would not have bet a beer on the likelihood that Nazi provocateur Milo Yiannopoulos could do anything useful. But this week, and quite by accident, he did: He found that the moral depravity of U.S. conservatism does, apparently, have a bottom. I just wish it were not as deep as it is.

Milo (normally I’d use his last name on second reference, but I’m lazy) had been invited to be not just a speaker at the annual Conservative Political Action Conference, but the keynote speaker. The conference provides a lot of entertainment and amusement for people who are not batshit, but it also serves as a canary in the coalmine for U.S. politics by offering a beauty contest of current and future GOP political candidates.

So this was the guy who was to get this week’s main spotlight. A guy who had risen to fame by fomenting “Gamergate,” a huge harassment campaign against women in gaming. Who led a racist harassment campaign against Leslie Jones, who appeared in the all-female “Ghostbusters” reboot. Who, though not a U.S. citizen himself, reviles immigrants. Who’s openly gay, yet mocks efforts to make life better for LGBTQ people.

So what did Milo do to be shown the door so ungraciously? A video surfaced in which he suggested that, hey, just maybe pedophilia had gotten a bad rap.

To hear him tell it, he was just engaging in freedom of speech. And there’s a certain truth to that. He has the absolute right to say that. And everyone else has the absolute right to recoil in moral revulsion, which pretty much everyone else did. CPAC, the biggest GOP event short of the quadrennial Republican National Convention, revoked its speaking invitation. Simon & Schuster, which had offered Milo a book deal, rescinded it. And Breitbart, whose then-editor, Steve Bannon — yes, the same Nazi who now advises the president* –had hired Milo, fired him. (Which, by the way, means that Milo, who’s here on an O visa, no longer has a job and has to leave the country. I wonder how this has affected his views on immigration.)

In 1983, Louisiana Gov. Edwin Edwards supposedly quipped to reporters that the only he could lose an election would be to be caught with a dead girl or a live boy. To judge from what has happened to Milo, Edwards is right; a live boy is too much for U.S. conservatives. We still don’t know about the dead girl, and given everything else that the GOP and the intellectually bankrupt American conservative movement generally will sit still for, I’m afraid some girl, somewhere, actually is going to have to die before we find out.

 

 

 

 

 

 

Wednesday, February 1, 2017 8:33 pm

Where are we going from here?

Former Bush speechwriter David “Axis of Evil” Frum, having lately had the scales fall from his eyes, has written an article about how America can transition, and likely already is transitioning, to authoritarianism under Trump, and what that might look like.

Donald Trump, however, represents something much more radical [than any previous president]. A president who plausibly owes his office at least in part to a clandestine intervention by a hostile foreign intelligence service? Who uses the bully pulpit to target individual critics? Who creates blind trusts that are not blind, invites his children to commingle private and public business, and somehow gets the unhappy members of his own political party either to endorse his choices or shrug them off? If this were happening in Honduras, we’d know what to call it. It’s happening here instead, and so we are baffled.

He arrives at his prediction via a speculative 2020 re-election win by Trump whose basis assumes facts not in evidence (e.g., growing real domestic wages), but that’s less important than his plausible scenario for what America becomes under Trump. Given Trump’s already-demonstrated penchant for using the power of the presidency to enrich himself and his family — and to hurt his enemies financially, as he did with a single tweet — Frum thinks Hungary’s ongoing slide into kleptocracy is a likely model for what we can expect:

The transition has been nonviolent, often not even very dramatic. Opponents of the regime are not murdered or imprisoned, although many are harassed with building inspections and tax audits. If they work for the government, or for a company susceptible to government pressure, they risk their jobs by speaking out. Nonetheless, they are free to emigrate anytime they like. Those with money can even take it with them. Day in and day out, the regime works more through inducements than through intimidation. The courts are packed, and forgiving of the regime’s allies. Friends of the government win state contracts at high prices and borrow on easy terms from the central bank. Those on the inside grow rich by favoritism; those on the outside suffer from the general deterioration of the economy. As one shrewd observer told me on a recent visit, “The benefit of controlling a modern state is less the power to persecute the innocent, more the power to protect the guilty.”

He provides more detail on what he expects:

It is essential to recognize that Trump will use his position not only to enrich himself; he will enrich plenty of other people too, both the powerful and—sometimes, for public consumption—the relatively powerless. Venezuela, a stable democracy from the late 1950s through the 1990s, was corrupted by a politics of personal favoritism, as Hugo Chávez used state resources to bestow gifts on supporters. …

Trump will try hard during his presidency to create an atmosphere of personal munificence, in which graft does not matter, because rules and institutions do not matter. He will want to associate economic benefit with personal favor. He will create personal constituencies, and implicate other people in his corruption. That, over time, is what truly subverts the institutions of democracy and the rule of law. If the public cannot be induced to care, the power of the investigators serving at Trump’s pleasure will be diminished all the more. …

A mistaken belief that crime is spiraling out of control—that terrorists roam at large in America and that police are regularly gunned down—represents a considerable political asset for Donald Trump. Seventy-eight percent of Trump voters believed that crime had worsened during the Obama years.

In true police states, surveillance and repression sustain the power of the authorities. But that’s not how power is gained and sustained in backsliding democracies. Polarization, not persecution, enables the modern illiberal regime.

By guile or by instinct, Trump understands this.

As it happens, I have been thinking along a separate but related line: What happens if Republican gerrymandering and vote suppression cannot be stopped? I think that’s a real possibility. Here’s why.

For starters, earlier today Trump demanded that Senate Republicans “go nuclear” if Democrats oppose his Supreme Court nominee, Neil Gorsuch, meaning end the filibuster. Aside from the hypocrisy — the filibuster, which appears nowhere in the Constitution, was the Republicans’ main tool of opposition during the eight years of the Obama administration — that means that Republicans can put anyone they want on the Supreme Court. And given the ages of Justices Kennedy, Breyer and Ginsburg, he might be able to do that real soon. That means we can expect, fairly soon, a Supreme Court overwhelmingly against advancing voting rights and willing to tolerate vote-suppression measures many federal judges do not now find constitutional.

Because lower courts are bound by the Supreme Court’s decisions, that means we can expect judicial defeat of all efforts to expand and protect voting rights and likely all efforts to end gerrymandering for partisan political purposes. (It *might* remain possible to toss out gerrymandered districts based on rights, but I doubt it. Chief Justice John Roberts once clerked for then-Associate Justice William Rehnquist, whose antipathy to minority voting concerns dated back to his early political days in Arizona, and his work in the Justice Department during the Reagan years offers little encouragement.)

I think, then, that America will become a de facto one-party country. There will be no remaining checks and balances, because there will be no one in power in the White House, Congress or the Supreme Court who believes in them. As Frum describes above, business leaders will pledge fealty to, if not Trump himself, then at least the GOP, either out of hope for goodies or fear of retribution. Sure, some people will remain Democrats, and some Democrats will continue to get elected, almost exclusively to local office, but as a national party, and as statewide parties in most states, they’ll be done.

And once America becomes a one-party country, we’re screwed. If the Affordable Care Act hasn’t already been repealed, it will be, with all the deaths and other human suffering appertaining thereunto. Wage-and-hour regulations, meant in many cases to protect worker health and safety, will be destroyed. As for equal rights, the Republican Party already has demonstrated that it doesn’t believe in the equal-protection clause of the 14th Amendment, and several sitting justices already have ruled in ways that make clear that they are disregarding it, a trend that will only grow worse as Trump or a GOP successor appoints more justices.

An assault on individual rights will almost certainly commence, because that is what has happened everywhere else. Speaking publicly and critically about the government might not become a crime, but it likely will have serious effects on one’s career.

Our economy will become a kleptocracy. Wealth will no longer be created by ingenuity and entrepreneurship, but by getting a piece of Trump’s Big Grift.

And the pie will grow smaller, not least because the world’s best and brightest entrepreneurs, engineers, software developers, and other talent, put off by the U.S.’s xenophobic immigration policies, will choose to go elsewhere, so that wealth creation in the U.S. slows. Our store of intellectual capital will diminish as the world’s best and brightest students choose to study in other countries, while more and more of our own students will be unable to afford college because of declining real wages, rising costs, and cuts in federal aid.

And so we will enter a whirlpool of declining economic activity and personal freedom. It won’t be an apocalyptic hellscape, at least at first, but in many ways the U.S. will become what we once referred to with smug superiority as a Third World country.

Can any of this be stopped? Maybe. If the Democratic Party finally finds its spine, some of the worst might be avoided. But I have no confidence at all that 1) the Dems will find their spines, and 2) it’s not already too late.

I’d love to be wrong about this. I hope I am. But current facts certainly point in this direction, and hope is not a plan.

 

 

 

 

Tuesday, January 31, 2017 8:07 am

A fledgling coup?, cont.

Looks like I went to bed too soon last night. I woke up a little while ago to learn that several staffers of the House Judiciary Committee worked with the White House on the wording of Trump’s executive order on immigration.

Now, the White House and Congress work together on legislation all the time, and much of that work is done by staffers. That much is totally normal. What’s not normal in this case is that 1) the staffers didn’t tell the committee chairman, Rep. Bob Goodlatte, R-Va., or their respective House bosses what they were doing, and 2) they signed a nondisclosure agreement about their work.

As Josh Marshall at Talking Points Memo points out:

To be clear on one point, Goodlatte isn’t some moderate or softy. He’s an immigration hardliner. It’s unlikely he would have disagreed with at least the broad outlines of the executive order, though perhaps he might have disagreed with some of the particulars.

Still, as a result, Congress knew nothing about the order until the White House announced it on Friday, although work apparently began during the transition period after the November election. That’s not the kind of move that is likely to further a good working relationship between the White House and Congress, as Politico points out:

“Their coordination with the Hill was terrible,” said one senior GOP source on the Hill, who seemed flabbergasted that congressional Republicans didn’t receive talking points from the White House on the executive order until late Saturday night, about 24 hours after President Donald Trump signed it. “We didn’t see the final language until it was actually out.”

The fumbled roll-out serves as a cautionary tale to Trump officials who decide to go it alone in enacting controversial policies without help from Congress. Indeed, the lack of consultation has set off a wave of resentment on Capitol Hill. GOP insiders believe that the White House and Goodlatte staffers could have avoided the drama that unfolded over the weekend had they looped in relevant lawmakers on the front end.

The episode also has instilled a wariness among GOP aides about the White House.

“These executive orders were very rushed and drafted by a very tight-knit group of individuals who did not run it by the people who have to execute the policy. And because that’s the case, they probably didn’t think of or care about how this would be executed in the real world,” said another congressional source familiar with the situation. “No one was given a heads-up and no one had a chance to weigh in on it.”

When I read about this, I immediately wondered whether AG nominee Jeff Sessions, a bigot of long standing, had had something to do with it. Per Politico, I was right:

Insiders told POLITICO that the botched roll-out of the immigration executive order was coordinated for the most part by White House policy director Stephen Miller, a former Sessions staffer, and Trump senior strategist Stephen Bannon.

So why is this all a big deal? If you’ll recall, Congressional Republicans said during the presidential campaign that they would serve as a check on Trump’s worst ideas, just as the Constitution envisioned that Congress would do to the executive branch. But Trump and his staff now have demonstrated that they are willing to seek to bypass congressional oversight, just as they are defying federal court orders. And like all bullies, they’ll keep going until they get smacked.

We’re about to find just how constitutionally oriented the Republican Party is. Given the GOP’s voting record over the past 20+ years, I don’t think we’re going to like what we find.

 

 

 

Wednesday, January 11, 2017 8:32 pm

Could Trump be a Russian spy? That train might have left the station years ago

Boy, life really does come at you fast. One day we’re (almost all of us) making golden-shower jokes; the next day, an ex-journalist like Dan Conover, whom I’ve known for more than a decade, takes the time that news-media outlets didn’t to peruse the document dump made public by BuzzFeed to bypass the salaciousness and get straight to the news.

For those of you playing catch-up, this Guardian article provides both background as to where the documents came from and some explanation of the basis for believing they might be reliable. (That said, the article itself is not well sourced.) Several outlets have identified the source of the documents as retired MI6 agent Christopher Steele and the author as an opposition-research specialist initially hired by one of Trump’s Republican primary opponents and later by a party or parties unknown.

Washington media apparently have known of the existence of the documents for weeks, if not months. Buzzfeed finally posted them; editor Ben Smith’s justification for doing so is here. The Washington Post’s Margaret Sullivan thinks this was an ethically bad call and explains why here. Normally I would stop and dig into the details of that ethical decision — I’ve always been fascinated with ethical hard calls in journalism — and at some point I will. But right now I want to try to keep focused on the actual news in the dump.

Nota bene: The documents remain unverified. But more on that in a bit.

I haven’t had time to read the whole thing. But Dan did and wrote about it on Facebook; with his permission, I’m reposting a good bit of what he said here:

The real meat is in Report No. 95. It’s the only report in the Buzzfeed dump that is incomplete, as it appears to be missing the final page, which would include the date on which it was filed.

If it is deemed credible, then it accuses Trump and his campaign of an actual crime — not poor judgment, not allowing themselves to become vulnerable to blackmail at some point in the future. Report No. 95 says that “TRUMP’s team” passed intelligence on Russian oligarchs and their families living in the United States directly to Russian agents.

In other words: Espionage.

The report is titled “RUSSIA/US PRESIDENTIAL ELECTION: FURTHER INDICATIONS OF EXTENSIVE CONSPIRACY BETWEEN TRUMP’S CAMPAIGN TEAM AND THE KREMLIN”

The opening summery claims that a Trump associate admitted that the Kremlin was behind WikiLeaks’ DNC hack, and that “TRUMP’s team” used “moles within DNC and hackers in the US as well as Russia.”

It further claims that Russians received intel from Trump’s team on “Russian oligarchs and their families living in US,” and that the mechanism for transmitting this intel involved “pension disbursements to Russian emigres living in US as cover, using consular officials in New York, DC and Miami.”

Detail item No. 1 cites a “Source E,” described as “an ethnic Russian close associate of Republican US presidential candidate Donald TRUMP.” In late July, Source E told a compatriot that:

“…there was a well-developed conspiracy of co-operation between them and the Russian leadership. This was managed on the TRUMP side by the Republican candidate’s campaign manager, Paul MANAFORT, who was using foreign policy adviser, Carter PAGE, and others as intermediaries. The two sides had a mutual interest in defeating Democratic presidential candidate Hillary CLINTON, whom President PUTIN apparently both hated and feared.”

Detail item No. 2, still citing Source E (who appears to be an unwitting source), talks about the WikiLeaks operation and claims this was conducted “with the full knowledge and support of TRUMP and senior members of his campaign team.”

Highlighted: “In return the TRUMP team had agreed to sideline Russian intervention in Ukraine as a campaign issue and to raise US/NATO defence commitments in the Baltics and Eastern Europe to deflect attention away from Ukraine, a priority for PUTIN who needed to cauterise the subject.”

Detail item No. 3 discusses the structure of the anti-Clinton intelligence network, and the mechanics of the two-way flow of intelligence between the Trump campaign and the Kremlin.

And there’s Detail Item No. 4, which I quote in its entirety:

“In terms of the intelligence flow from the TRUMP team to Russia, Source E reported that much of this concerned the activities of business oligarchs and their families’ activities and assets in the US, with which PUTIN and the Kremlin seemed preoccupied.”

Detail items Nos. 5 and 6 describe the Trump team’s political calculations and Trump’s investment efforts in Russia.

But let’s go back to the important part. Detail No. 4 alleges a crime, and other passing references in other reports reinforce the claim — particularly in Report No. 97 (30 July). In the opening summary of the July 30th report, the opposition research consultant writes:

“Source close to Trump campaign however confirms regular exchange with Kremlin has existed for at least 8 years, including intelligence fed back to Russia on oligarchs’ activities in US.

“Russians apparently have promised not to use ‘kompromat’ they hold on TRUMP as leverage, given high levels of voluntary co-operation coming from his team.”

The consultant expands on that claim in Detail No. 4:

“As far as ‘kompromat’ (compromising information) on TRUMP were concerned, although there was plenty of this, he (ed note: the source is described as a Russian emigre in an earlier Detail item) understood the Kremlin had given its word that it would not be deployed against the Republican presidential candidate given how helpful and co-operative his team had been over several years, and particularly of late.”

Long story short: This material is unverified, but if it can be verified, it means that we’ve gone way past “conflict of interest” and “potential security risk” and have wound up at “Trump is guilty of having spied for the Russian government for the past eight years.”

Can it be verified? I don’t know. Dan knows a lot more about the national-security apparatus than I do, and he doesn’t know.

But here’s what I do know: We as a country can’t afford not to try to find out. If this doesn’t call for a joint select Congressional committee with an investigative staff full of hard-nosed former prosecutors, nothing does. This is sure as hell more important than Hillary’s emails. This is about giving a longtime Russian spy the keys to the thermonuclear kingdom.

And here is where we find out who the real patriots are. They’ll be the ones, in Congress, elsewhere in government, and in the media, who make an effort to find out the truth. They’ll face some of the most vicious opposition in the country’s history. And it is not an exaggeration to say that the fate of the country could depend on whether they succeed — even if the ultimate truth is that Trump, for all his bad qualities, is innocent.

 

 

Monday, January 9, 2017 10:26 pm

Acculturation

Earlier today on Twitter, I stumbled across an interesting rant, which starts here. You can read it for yourself, and I encourage you to do so. But basically it’s an attack on the notion that Donald Trump won the Electoral College because liberal coastal elites didn’t thoroughly understand and sympathize with the concerns of the white working class.

The writer, who claims to have grown up poor and white in Texas, makes a number of good points:

  • Conservatives don’t really care about people like him.
  • People like him “are not worth romanticizing.” (Honestly, who among us is?)
  • Impoverished white Americans “are used as a political cudgel by rich Republicans against blacks, against women, against Muslims, against Jews and LGBTQ folks … “
  • Those Republicans “have gotten a shit ton of mileage from impoverished and blue-collar white folks by claiming the people in power live in some ‘bubble’ in Washington and are out of touch with ‘real Americans.'”

It goes on. And it’s really worthwhile, a big slice of both self-aware and more broadly aware understanding of just how America came to be under the control of a sociopath, someone with narcissistic personality disorder and a symptomatic Alzheimer’s patient who surrounds himself with Nazis and is empowered and protected by the most corrupt Congress in the nation’s history.

Well, enter a guy on Twitter who objects to it because of the language.

This individual’s bio describes him as a “philologist and dog trainer,” which is sweet. This individual has four followers, which is unsurprising inasmuch as this individual’s account was created on Dec. 31.

Now, I think I know who this individual is. I think he’s somebody local, somebody who has blogged for years about an obscure but (to me) interesting local subject. I’ve not met him in real life, but I know where he works and I’ve interacted with him on his blog, and he on mine. I could be wrong about this, which is why I’m not naming him. But I’m about 99% certain.

He characterized this rant as “hysterical” and added, “Well, repeated use of derivatives of ‘f***’ and ‘moron’ give the rant a certain cheap discourse continuity.” He also called the rant “just a vomit of self-aggrandizing outrage.”

Well.

This individual has been on Twitter for nine days. I’ve been on it for nine years. So here’s an observation he might find useful: If Facebook is more or less an online family restaurant, Twitter is a dive bar, complete with frequent spilled drinks, vomiting, and the occasional knife fight. Don’t like it? Don’t go in.

Oh, and you’re a philologist? Well. I’m impressed. Perhaps, being a philologist, you have some familiarity with the language of the ancient Greek comedists. If so, then you know for a fact that 1) clean language wasn’t at the top of their list of concerns, and 2) humor flows, and satire races, uphill only.

And if you find language objectionable, count your blessings. Because apparently you’ve been able to live for decades a life free from the kind of desperation that makes the author of that thread use language you find so offensive. Because a lot of people use that kind of language out of desperation because they are so utterly lacking in resources, options, opportunities and luck that they can’t do anything else.

Also, pro tip: When the country is being taken over by someone who was not legitimately elected president, someone who has narcissistic personality disorder and early-stage Alzheimer’s AND is an agent of a hostile foreign power (update 1/10/17: additional evidence has surfaced that the Russians are blackmailing him), someone who surrounds himself with Nazis, someone who gives every indication of intending to use the office of the presidency to grift and who is empowering his blood and marriage relatives to do the same with all the power of the United States executive branch behind them, someone whose actions to date, from firing the supervisors of the country’s nuclear-weapons program to nominating a Cabinet full of inept and/or corrupt scumbags, someone who clearly poses a threat to the future of freedom and democracy in this country, well, your concern with how often someone says “fuck” is just a tad precious.

More to the point, son: Not despite but because of your education, you’re going to be one of the first people they come after. And all your learning, all your pretentiousness, all your decades of voting Republican, and all your concerns about objectionable diction aren’t going to save you when they do.

So if you want to live, you’d better wake up.

 

 

 

 

Tuesday, January 3, 2017 8:03 pm

When the watchers are doing the pillaging

The Associated Press, noted for its balance and sobriety, seldom uses the word “eviscerate” in the lede of any story not datelined from a butcher shop. So when it announced that, in the dark of night on a national holiday, House Republicans had voted Monday to “eviscerate” the Office of Congressional Ethics, I sat up and paid attention.

The vote, in a closed-door meeting the night before the new Congress was sworn in, was to severely weaken that office, ending its independent status and placing it under the partisan (and therefore Republican-controlled) House Ethics Committee. The measure, authored by Rep. Bob Goodlatte, the Virginia Republican who chairs the House Judiciary Committee, was part of a larger package of House rules covering the 2017-2018 legislative session that was to be voted on today. (There is no corresponding Senate office. You might wonder why that is.)

Not the least of the reasons for paying attention was that the whole reason the office was made independent in the first place, by House Democrats in 2008, was in response to the congressional lobbying scandals created by Jack Abramoff, who went to prison on corruption charges. The Abramoff case demonstrated that the House Ethics Committee was either unable or unwilling to police the House. Last night’s vote was so bad that Abramoff himself strongly criticized the measure today. (I believe it was one of Charlie Pierce’s commenters who said that if Jack Abramoff says you’re corrupt, you should strongly consider the possibility that you are corrupt.)

In addition to stripping the office of its independence, the measure also would have prevented staff from making public statements independent of the Ethics Committee and would have prevented it from investigating anonymous tips. It even would have prevented the office from reporting crimes, even crimes against children, which is not just a hypothetical:

Last year, former House Speaker Dennis Hastert (R-IL) was sentenced to 15 months in federal prison for fraud charges linked to allegations that he sexually abused boys while he was a high school wrestling coach more than 30 years ago.

During Hastert’s tenure as Speaker, congressional Republicans turned a blind eye to Florida Republican Rep. Mark Foley’s inappropriate relationship with an underage male page. Foley resigned after text messages he sent to the page were leaked to the press.

A number of media outlets reported that this package passed over the objections of senior GOP leadership, including Speaker Paul Ryan. That’s bullshit of the purest ray serene, as well known Marxist political analyst Norm Ornstein of the radical-hippie American Enterprise Institute points out:

Rules packages get up or down votes, and are top priority for the majority leadership. They are not rejected by the majority party. The package is put together by the leadership; nothing gets included or excluded without the say-so of the speaker.

My local daily, which is also my former employer, didn’t post a story until 10:26 this morning. But a good number of news outlets did last night, and the issue went viral. Both independently and at the urging of Josh Marshall’s Talking Points Memo, citizens nationwide bombarded their GOP representatives’ offices with calls and emails demanding to know how their reps had voted, and why. Many also insisted that the measure be reversed. (It should be noted here that Talking Points Memo’s similar response to an initially secret GOP plan to privatize Social Security in 2005 smoked that plan out, and ultimately strangled it in its cradle, in much the same way.)

Earlier today, the measure was stripped from the House rules package in response to public pressure, although there’s nothing that would keep Republicans from sneaking or ramming it through at any future point. President-elect Donald Trump issued a statement objecting to the timing of the measure but not the substance. Naturally, he later took credit for its reversal.

Worse, The New York Times and some other media outlets also wrongly credited Trump for bringing about the change, with CNN saying Trump had “dramatically strong-armed” the change.

So what have we learned from all this?

First, and once again for those who aren’t paying attention, we as a nation are screwed because the people in charge of the executive and legislative branches of government for at least the next two years simply cannot be trusted. They cannot be trusted to make policy in the public interest. They cannot be trusted to police themselves. And they cannot be trusted to attack public corruption on the part of others. That’s just not what they do. That’s just not who they are. And you should not believe anyone who tells you differently.

Second, and worse, it is clear that the agenda of both executive and legislative Republicans right now is plunder, pure and simple. Trump and his family show no intention of doing anything but using the presidency to fill the family coffers to bursting. The Congressional Republicans appear inclined let them do that so long as, in return, he allows them to plunder public resources and what remains of the wealth of the middle and working classes, by gutting Social Security, Medicare, and the Affordable Care Act and selling off public assets for cheap to cronies, all of which will result in huge upward transfers and concentration of wealth.

As Ornstein wrote:

Given Ryan’s solidarity with President-elect Trump on Russian hacking—preceded by his deep-sixing any bipartisan statement during the campaign warning against foreign attempts to influence our elections—along with Government Reform Committee Chairman Jason Chaffetz’s indifference to any investigation of conflicts of interest or ethical problems with the president-elect and his cronies, this is chilling evidence that we are headed for a new age of official embrace or at least acceptance of unethical and illegal behavior. The core of America’s political system depends on real checks and balances, on a Congress that puts country ahead of party. The House leadership showed this week that party comes first.

Third, and unsurprisingly, Trump shows no compunction whatever about telling whatever lies he thinks he needs to tell to inflate his public image and feed his own ego, no matter how demonstrably untrue they are. This isn’t news.

Fourth, and more dismayingly also not news, is that even major-league mainstream news outlets like CNN and The New York Times appear uninterested in fighting Trump’s lies. As I said before, the media will not help us. We’re going to have to fix this ourselves.

Which brings us to Point 5: Encouragingly, we have seen evidence once again that if Middle America pitches a bitch at Congress, Congress — even this Congress, saturated in its own pustulence — will, at least temporarily, take a hint. Screaming at the top of your lungs all the time gets tiresome, and it’s hard on a body. But when the evidence shows that it works at least some of the time and other available tools appear to lie thin on the ground, maybe that’s just what we have to do.

 

 

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