Blog on the Run: Reloaded

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.

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Wednesday, May 8, 2019 7:36 pm

NPR: Your so-called liberal media at work

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sunday, May 5, 2019 2:35 pm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wednesday, May 1, 2019 5:34 pm

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

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

Dumpster fire

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

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

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

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

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

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

Gaping kitten illustrates the bomb Kamala Harris dropped during her questioning

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

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

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

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

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

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

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

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

 

 

Monday, March 11, 2019 6:47 pm

For once, Nancy Pelosi gets it wrong. WAY wrong.

History shows that not impeaching Donald Trump for his crimes will open the door to even worse Republican behavior in the future. For the sake of the country, we cannot allow that to happen.

House Speaker Nancy Pelosi said today that she is not inclined to impeach President Donald J. Trump. Responding to an observation from a Washington Post reporter that calls for Trump’s impeachment are growing, she responded:

I’m not for impeachment. This is news. I’m going to give you some news right now because I haven’t said this to any press person before. But since you asked, and I’ve been thinking about this: Impeachment is so divisive to the country that unless there’s something so compelling and overwhelming and bipartisan, I don’t think we should go down that path, because it divides the country. And he’s just not worth it.

I don’t lightly contradict one of the most able and storied politicians of my lifetime. But I have spent that lifetime observing, and living with, the consequences of Democratic failure to hold Republicans responsible for their crimes.

Gerald Ford pardoned Richard Nixon. At the time, he said it was to appeal to a sense of national unity — kind of the same thing Pelosi is saying here. He even testified to that before Congress. But years later, he confessed to the Post’s Bob Woodward that in fact he had pardoned Nixon simply because he and Nixon had been friends. Woodward didn’t see fit to share that fact with the world until Ford had died, which is one reason I have found it very difficult ever since to take him seriously as a journalist. Americans had a right to know why Ford had done what he had done, because had Nixon gone to prison, it is entirely likely that Reagan never would have been elected president and all the executive-branch crime of his era never would have happened.

Democrats decided not to impeach Reagan even though Reagan had ordered arms to be traded to Iranian militants for hostages and had sold those same militants arms, with the proceeds to be used to fund Nicaraguan conservative insurgents even though Congress had strictly forbidden any such spending. The so-called Iran-contra scandal ended with neither Reagan nor then-vice president George H.W. Bush being impeached or charged. And Bush, at the tail end of his single term as president, pardoned most of the Iran-contra offenders.

Bush’s son, George Walker Bush, ordered torture and warrantless domestic wiretapping used as instruments of government policy despite the fact that they violated the Constitution and both international and U.S. law. But Nancy Pelosi, who became House Speaker for the first time after the 2006 midterms, famously declared impeachment “off the table” then. And after Democrats regained control of the executive branch, President Barack Obama’s attorney general, Eric Holder, never sought to hold Bush or his underlings accountable for the war crimes they had committed (or for the damage they had done to the economy, for that matter).

Had that happened, the GOP would have been far less likely to nominate in 2016 a man with a long history of association with organized crime. There are not many bets you can make about history, but I’m pretty sure that one is solid.

Ronald Reagan was elected when I was 20. I’m now on the cusp of 60. And EVER. SINGLE. REPUBLICAN. PRESIDENTin my adult lifetime has committed criminal acts and escaped, primarily because of Democratic concerns about whether the country could handle holding them accountable.

Well, I’ve got a question for Nancy Pelosi and all Democrats who think as she does:

HOW’S THAT WORKIN’ OUT FOR YA, NANCE? Because it SURE isn’t workin’ out for ordinary Americans.

Consider this: In 1998, the Republican House impeached Bill Clinton, a popular president who had lied about consensual but adulterous oral sex. House Republicans took it in the teeth in that year’s midterms, but still held control of the House. You know what else happened?

  • The GOP continued to hold both the House and the Senate until after the 2006 midterms, regained the House in 2010 and regained the Senate in 2014.
  • The GOP regained the White House (with Supreme Court-engineered theft) in 2000 and with Russian-engineered theft in 2016.

The idea that Democrats would pay a political price for doing the right thing is laughable. The idea that the country couldn’t handle the truth is laughable. The idea that there isn’t a basis for impeaching Donald J. Trump right now, this very second, is laughable.

But let’s say Pelosi wants to act out of an abundance of caution (as opposed to ignoring her constitutional obligation to hold the president accountable). Here’s what she can do:

  • Accept that Donald Trump already has admitted that he fired FBI director James Comey to interfere with an investigation. That’s obstruction of justice.
  • Accept that the Trump family has been benefiting since Trump’s first day in office from people staying at Trump properties that should have been placed in a blind trust but never were — a violation of the Constitution’s emoluments clause.
  • Accept that Trump has refused to hold his nominees and employees accountable under the law or to act on his constitutional, legal and regulatory obligations — a violation of the Constitution’s take-care clause.
  • Accept that Trump has attempted to get NFL players fired for kneeling in protest against police brutality — a felony violation of 18 USC 227.

And that’s only a fraction of what’s already out there in the public record. I suspect that investigations by the House Government Oversight Committee, House Select Permanent Committee on Intelligence and House Ways & Means Committee, to name just three, also will find grounds for impeachment ranging from obstruction of justice to espionage to tax fraud.

Pelosi needs to understand that there already is a compelling case for impeaching Donald Trump right this minute and that that case is going to grow stronger, not weaker, with time.

She needs to understand that for all of her accomplishments, history is going to judge her on her response to this question and this question alone.

And she needs to do the right thing for the country: Impeach Donald Trump. Maybe not now, but soon, and well before the 2020 election. Trump is the Framers’ worst nightmare, and Congress should respond to that fact accordingly.

 

 

 

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, January 4, 2019 1:03 pm

Election 2020: I do not like the whole idea of likability

Ignore anything and everything you read about a presidential candidate’s “likability,” particularly if that candidate is a Democratic woman. Republican House Speaker Paul Ryan of Wisconsin left office Thursday with an honest-to-God favorability rating of 12%. During gardening season, actual cowshit is more popular.

On Monday, Sen. Elizabeth Warren of Massachusetts became the first Democrat to announce that she was forming a 2020 presidential-campaign exploratory committee. And just like that, the political press served notice that it was going to be just as sexist and idiotic as it had been in 2016.

Politico, whose reporting frequently is essential but whose analysis and opinion seems to be at least 50% pro-Republican horseshit, popped up noon Monday with “Warren Battles the Ghost of Hillary,” which suggested that Warren might be just as “unlikable” as Hillary Clinton had been in 2016 and therefore doomed as a candidate.

The anti-Elizabeth Warren narrative was written before the Massachusetts senator even announced she was exploring a presidential run.

She’s too divisive and too liberal, Washington Democrats have complained privately. Her DNA rollout was a disaster — and quite possibly a White House deal-breaker. She’s already falling in the polls, and — perhaps most stinging — shares too many of the attributes that sank Hillary Clinton.

In the year of the woman, it adds up to one unwelcome mat for the most prominent woman likely to be part of the 2020 field. But it also presents an unmistakable challenge: How does Warren avoid a Clinton redux — written off as too unlikable before her campaign gets off the ground?

Man, there is so much horseshit here that you probably would need dynamite to unpack it.

  • First of all, how is it that there is any “anti-Elizabeth Warren narrative” at all just hours after her announcement? Answer: People have been lying in wait for her for a while. And who would do that? People who are anti-Elizabeth Warren. Duh. There is no organic “anti-Elizabeth Warren narrative” at this point, only propaganda.
  • And how is it that there is an “anti-Elizabeth Warren narrative” that is similar to Hillary Clinton’s? After all, Hillary Clinton has been in the public eye for 35 brutal years, whereas five years ago most Americans had no idea who Elizabeth Warren was. Answer? Sexism: The implicit message of this comparison is that no female candidate, or at least no Democratic female candidate, can be trusted.
  • Too divisive? How? How does one quantify “divisive”? Sophisticated polling can sort of, kind of get at that — more on that in a bit — but as of Monday, not very much had been done on Warren, and certainly nowhere near as much as has been done on Clinton.
  • Too liberal? First, there’s always the tiresome and mostly unanswerable question of how one defines “liberal.” And if you can’t define that, how does one quantify how much liberalism is enough vs. too much? And “too much” on what scale? An ideological scale? As opposed to other candidates? Of course, Warren being the first, there were no other candidates when this piece was written.
  • And who are these “Washington Democrats” who call her too divisive and liberal? I may have spent my career with daily newspapers and their admittedly stodgy websites rather than online creations of the Kewl Kids, but we didn’t let political opponents snipe at each other anonymously, for good reason: It isn’t ethical, and even more importantly, it adds nothing to the reader’s understanding. Half-competent journalists should make political opponents call one another out by name, with all agendas out where the public can see them. That enhances reader understanding, which is, or ought to be, the point of it all.
  • Warren’s “DNA rollout” was a forthright response to a libelous criticism from a sitting president of the United States. To call it a “disaster” is pure editorializing: I am in no way an expert on this, but to the extent that Native Americans themselves have criticized her for having had her DNA tested, they appear to be privileging custom over science, arguing that without her name on a tribal roll, a DNA test means nothing. (If I’m missing something on this point, I’m happy to be corrected.) In any event, given Donald Trump’s apparently being an agent of a hostile foreign power, his tax fraud, his serial violations of the Emoluments Clause, his history of serial sexual assault, to be suggesting that a DNA test fatally damages a candidate for president is to display both practical ignorance and moral stillbirth. I am somewhat sympathetic to the argument that her timing, during the Blue Wave, suggests she put self ahead of party, but 1) absent additional information that is hardly the only explanation, and 2) If you’re going to make putting self ahead of party a criterion (and you should), there are far greater offenders. Bernie Sanders and Corey Booker come immediately to mind.
  • “Shares too many of the attributes that sank Hillary Clinton”? And what are they, pray tell? An electoral college founded in not just slavery but also in cosseting the whiny, bitchy, gimme attitudes of the slave states? A grossly bigoted electorate? Enemies in the Kremlin? Republican vote-suppression efforts in Wisconsin, Michigan, Pennsylvania, and North Carolina? Third-party candidates secretly supported by the Russians? Because those are the “attributes” that sank Clinton. By 65 million to 62 million, American voters favored her.

And that’s just three paragraphs. Holy shit. The piece goes on for many paragraphs more, laden with sexism and editorializing and almost unburdened by fact, all predicated on the notions that likability is real, that it matters, that it can be quantified, and that Elizabeth Warren has less of it than other Democrats and perhaps even less than Trump.

And that’s just one candidate. Multiply this bullshit across the dozen-plus likely 2020 Democratic presidents, candidates, many of them women, and you would be forgiven the urge to burn down every single U.S. news outlet.

Well, here are some facts.

“Likability” is incredibly subjective. It cannot be quantified or measured except in the most relative of terms. It is subject to pollution from bias, from lack of information, from lack of context. The closest we can quantifiably get to it is the favorability/unfavorability ratings of polls. The same recent Quinnipiac University poll that scored Warren’s favorability/unfavorability ratings at 33%/37% scored Donald Trump’s at 39%/52%, and yet somehow Warren’s “unlikability” gets all the attention.

And if you Google likability with respect to politicians, you’ll find that the subject comes up WAY more often in articles about women than in articles about men. There’s a reason for that, and it’s not a good one.

And here’s another fact, even more to the point:

Republican House Speaker Paul Ryan of Wisconsin left office Thursday with an honest-to-God favorability rating of 12%. During gardening season, actual cowshit is more popular. And yet our news media are convinced that Elizabeth Warren 1) is unlikable and 2) cannot be elected president because of it. That ought to adjust your attitude regarding any “analysis” you read about Democratic candidates for the rest of the 2019-2020 election cycle for offices at any level.

So what to do about it? I covered politics for 25 years, some years better than others, so here are my modest suggestions for consumers of news in general and people wondering which Democratic presidential candidate to support in particular:

  • For now, DO NOTHING. The actual voting doesn’t begin for another 13 months. As of this writing, Warren has formed an exploratory committee and Washington Gov. Jay Insbee has said he intends to. No one else is even close to being a formal candidate. If you were utterly undecided on a candidate a week or a month ago, there is no reason for you to even think about picking a candidate until 1) everyone who is going to run has formally announced and filed their paperwork, and 2) at least some of the Democratic presidential debates, which start in June, have come and gone. You can wait at least six months without sacrificing a thing, and unless you have some kind of personal attachment/connection to a candidate, you probably want to see how the candidates perform in several debates before picking one to support.
  • At least until the number of remaining Democratic presidential candidates is reduced to two, avoid the temptation to criticize a candidate or candidates you do not support. Instead, talk up the candidate you favor. Send him/her money. Find a way to volunteer for his/her campaign, even if it’s only making phone calls.
  • Whether you are talking up your candidate or talking down an opponent, do so with both factual and contextual accuracy. That’s harder than it sounds. You might mean quite well, but there are many, many sources of misinformation on the Web with respect to every declared candidate and plenty of potential ones. The Russians messed with what you saw on social media in 2016 and are likely to do so again in 2020. And conservative “news” outlets frequently take bullshit rumors that originate on conservative message boards and give them a patina of legitimacy, so be particularly careful not to amplify that bullshit. Check and double-check the information you choose to use. Factcheck.org and Politifact.com are excellent sources for vetting information, as is Snopes.com.

(And what do I mean by “contextual accuracy”? Remember that nothing happens in a vacuum. Where numbers are concerned, remember that one number is meaningless without at least one other number as a scale. Where facts about a political candidate are concerned, ask questions like, “What other candidate(s) is this fact true about, and to what extent?” Be wary of claims like “first,” “greatest,” “best” or “worse”: As one of my old editors used to say, there’s always a faster gun. Even mainstream outlets like The New York Times and The Washington Post that are generally reliable with regard to factual accuracy frequently commit mistakes and omissions with regard to contextual accuracy. One big example: The Times’s 2016 focus on Hillary Clinton’s emails — yes, she made mistakes, but she did not commit a crime — while ignoring, for another two years, a long string of evidence that Donald Trump was a crook. And when a news outlet purports to examine any candidate’s “likability,” examine their methods for quantifying it and see to what extent they attempt to assess all candidates or likely candidates in the same manner.)

So, to sum up, I don’t like “likability,” and you shouldn’t either. At this point in the race, and pretty much from now until November 2020, news outlets should be focusing primarily on candidates’ policy proposals — what they are, how they will work, what they will cost, how we will pay for it, and what their outcomes are likely to be. And if the news outlets on which you rely try to dabble in it, hammer them hard. It’s just a pity Facebook doesn’t offer a “don’t like” button.

P.S.: One more thing about likability. George W. Bush won in 2000 because a lot of reporters thought he was “the kind of guy you’d like to have a beer with.” Screw that. On both literal and metaphoric levels, I am realistic enough to know that I will never have a beer with even a former president of the United States, let alone a sitting one. So I will vote for a competent, empathetic jackass over a charming sociopath for any office, any day. You can ask the people of Iraq and Puerto Rico and Flint what we get when we elect sociopaths.

 

 

 

 

 

 

 

 

 

Thursday, November 29, 2018 9:34 pm

The president’s fixer pleads in. It’s all downhill from here.

Apropos of Michael Cohen’s guilty plea today:
 
One little-known fact is that federal prosecutors can put pretty much anything they want into an indictment or a sentencing memo. An indictment on drug-trafficking charges, for example, can, if the prosecutor wishes, contain a doctoral thesis’s worth of comprehensive history of post-Prohibition trafficking in all manner of contraband.
 
Why is that relevant? Here’s why: Special Counsel Robert Mueller can put as much information about Donald Trump’s activities into indictments and sentencing memoranda as he likes. He can even include emails or other records that document the claims in those documents.
And so far, that is exactly what he has been doing.
 
And what THAT means is that even if a Trump apparatchik at Justice decides he wants to bury Mueller’s final report, there already will be so much information in the public domain — court records like indictments and sentencing memoranda are almost always public — that any effort to bury Mueller’s final report simply won’t matter. Trump no longer has any leverage with which to prevent Congress and the public from knowing what he has been up to.
 
For Trump, it’s all downhill from here. He will die in prison in a diaper. The only question is whether he will do so here or in Russia. And lemme tell you, I and tens of millions of other Americans will laugh like hyenas when he does.

Monday, November 12, 2018 7:59 am

The cracked front door that didn’t bark; or, Why you should never take what a Republican says at face value

You’ve probably head a lot of talk in the past week about how antifa protesters terrorized Tucker Carlson’s wife and kids in their home, even cracking open their oak front door.

Yes, there were protesters*, and one of them sprayed an anarchy symbol on Carlson’s driveway. But the children were not at home at the time, and the cracked front door? Never happened. The cops who were there didn’t see it. Two Washington Post reporters who visited the house didn’t see it either.

(That’s not to say that a lot of mainstream media, such as USA Today, didn’t run stories repeating Carlson’s claim without independent verification. Of course they did, because anytime a Republican shrieks, “Antifa!” the MSM soil their drawers. Meanwhile, actual 18 USC 241 felony vote suppression is going on right out in the open in Georgia and Florida without the news media calling it what it is, but that’s a subject for another post.)

This anecdote illustrates the peril inherent in taking anything a Republican says at face value, particularly a Republican who literally gets paid to lie on television. You — whether you’re a journalist or a civilian — need to stop doing that. You need to critically question any such claim made by any Republican politician or pundit. And you need to punish news outlets who repeat such claims unquestioningly.

Sunday, November 11, 2018 8:37 pm

About those sealed Mueller indictments …

Filed under: Hold! Them! Accountable!,Uncategorized — Lex @ 8:37 pm
Tags: , ,
I’m seeing a number of people on Twitter claiming that Robert Mueller already has a ton of sealed indictments of Trump, Trump Jr., Fredo, Ivanka, Jared, etc., etc., etc.
 
I’m here to tell you: Anything is possible. But that is almost certainly bullshit.
 
First of all, there is zero direct evidence in the public record that any of that is true. None. And I dare you to prove me wrong. You can’t. (The zero-leak performance of the Mueller probe to date is a model of American law enforcement.)
 
Second, there is zero circumstantial evidence that any of this is true. Again, prove me wrong if you can.
 
Third, there is nontrivial circumstantial evidence that such claims are NOT true. Almost none of the Mueller indictments so far have been sealed. Those that were remained sealed only days before being unsealed. Sealing indictments for long periods of time appears, so far, not to be a technique on which Mueller is relying.
 
Now, as I said before, anything is possible. But the relevant question, given the evidence and Mueller’s modus operandi to date, is: What’s LIKELY?
 
The answer is:
 
1) Some people saying this stuff are trying to make themselves look/sound more in-the-know than they actually are. And, frankly, I don’t think it’s a coincidence that most of the people I see spouting this stuff on Twitter appear to be males in their 20s. They’re bullshitting to try to get laid.
 
2) Other people saying this stuff are trying to get low-information people’s expectations raised unjustifiably high so that when the inevitable disappointment comes, people will question the validity of the whole investigation. And I don’t think it’s a coincidence that a lot of THESE people have handles and follower counts that strongly suggest they are bots.
 
Understand, I’d freakin’ LOVE it if it were true. But I’ve spent enough time covering grand jury investigations to be very skeptical. And absent additional information, you should be, too.

Thursday, November 8, 2018 1:19 pm

In which Trump moves on Sessions like a bitch

The day after the midterms, Dolt 45 fired Attorney General Jeff Sessions and replaced him with acting Attorney General Matt Whitaker. Now, granted, no one is going to miss Sessions; a Twitter wag described the firing as the first time that Trump had taken down a Confederate monument. But Trump had been expressing frustration for a long time that Sessions had recused himself from special counsel Robert Mueller’s investigation into possible money laundering, obstruction of justice and conspiracy of the Trump campaign with Russia to interfere with the 2016 election. This move offers Trump an opportunity to take more direct control over the probe because Whitaker has not recused himself.

This isn’t quite the equivalent of Nixon’s Saturday Night Massacre, but it’s not good. Sessions had been so close with the Trump 2016 campaign that he had had to recuse himself from Mueller’s investigation, leaving it the hands of Deputy Attorney General Rod Rosenstein, who appears to have given Mueller both adequate leeway and adequate funding to do his job correctly. (In fact, given the financial forfeitures of some of those Mueller has convicted, the taxpayers are more than $10 million ahead of the game on this investigation to date, and there’s probably more profit where that came from. That money doesn’t go directly back into the investigation, of course.)

But Trump has made clear that oversight responsibility for the investigation now will rest with Whitaker instead of Rosenstein. It’s worth noting that when a Cabinet secretary leaves office, his/her deputy — Rosenstein, in this case — normally would be appointed acting agency head. That didn’t happen here. And that’s not good at all. Consider:

  • Whitaker in 2017 said he didn’t see anything wrong with Donald Trump Jr.’s meeting with Russians in Trump Tower:
  • Whitaker was associated with a D.C. nonprofit called Foundation for Accountability and Civic Trust whose main goal in life seems to be ginning up bullshit criminal cases against prominent Democrats:
  • Whitaker said in 2017 that the Mueller probe was “going too far”:

A number of Democrats already have called for Whitaker to recuse himself. Worse for Trump, Rep. Elijah Cummings, the incoming Democratic chairman of the House Oversight Committee, already has said his committee will be looking into Sessions’s firing. One possible result could be a criminal referral to the Justice Department for obstruction of justice.

(Also, the Mueller investigation aside, Whitaker appears to be just the kind of bigoted jackass that progressive and moderate voters indicated on Tuesday they’ve had enough of.)

Now, a lot of people are presuming that Whitaker’s appointment means that Trump intends to fire Mueller. And, legally, Trump could. The question that that would raise would be whether such a firing would constitute obstruction of justice, as Cummings is hinting. I am not a lawyer, and I don’t know that there’s a solid legal consensus on this issue, but I’ve seen social media posts from three or four lawyers unrelated to one another who have said that the firing would be evidence of the “consciousness of guilt.” (Remember, the whole reason there’s an obstruction-of-justice investigation in the first place is that Trump fired FBI Director James Comey in 2017 and said that he had done so because of the FBI’s Russia investigation. The uproar over THAT firing led to the appointment of Mueller as special counsel.)

However, if Trump wants to slow or halt the probe, he has other options.

He can have Whitaker eliminate the wide latitude Mueller currently enjoys under Rosenstein, restricting the probe to certain isolated subjects and people to ensure that Trump and those closest to him face no federal criminal exposure. (Possible state crimes are a whole ‘nother issue, of course, and Trump has no control over those investigations.) Or he could just direct Whitaker to, in effect, defund the investigation. A number of folks on Twitter jokingly suggested a GoFundMe for the Mueller probe if that happens. I’d support that, although that money, like the forfeitures already received, under the law could not go into the probe without having been appropriated by Congress, which the GOP-controlled Senate ain’t gonna do. (UPDATE: The appropriations bill for FY19 having already been signed into law, Mueller’s office is fully funded — at about $10 million — through next Sept. 30.)

But Trump has fewer options than he thinks.

According to the experts at the Lawfare blog, Whitaker might have to recuse himself whether Trump likes it or not:

The relevant Justice Department guideline is Section 45.2 of Title 28 of the Code of Federal Regulations, which states that “no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with” either “any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution” or “any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.”

Although the regulations do not indicate that Whitaker’s public statements alone necessarily require recusal, Whitaker has other connections to people whose conduct is at issue in the matter. For instance, the regulations define a political relationship as “a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof.” Rebecca Ballhaus of the Wall Street Journal reports that Whitaker chaired the 2014 Iowa state treasurer campaign of Sam Clovis, who went on to serve in the Trump campaign and administration and who, Ballhaus notes, is now a grand jury witness in the Mueller investigation. The Des Moines Register reported Whitaker’s chairmanship of Clovis’s campaign during the campaign itself. What’s more, in a text message to Ballhaus after Whitaker’s appointment, Clovis wrote that he was “proud of my friend,” referring to Whitaker, raising the question of whether there is a personal relationship as well.

There is an important process point here: Under the same Justice Department regulation mentioned above, Whitaker is obligated to seek guidance from career ethics attorneys regarding whether he should recuse. This is the process Jeff Sessions used in determining that the rules required that he recuse, and Deputy Attorney General Rod Rosenstein also sought guidance regarding his obligations, though Justice officials determined that his recusal was not required. If Whitaker either does not obtain an ethics opinion from career officials or if he departs from that guidance, that would be a serious red flag.

Also, Trump already knows that come Jan. 3, the House Oversight Committee will be looking into Sessions’s firing. And if Mueller gets fired, I would think that any of several House committees would be happy to subpoena him as an expert witness on Trump’s finances. Who knows where that could lead? (UPDATE: I’ve also seen it suggested that if Mueller gets fired, a House committee could hire him as an investigator.)

There even are a few current and incoming Senate Republicans willing to join hands with Senate Democrats long enough to protect the Mueller investigation, as Lawfare points out:

Mitt Romney, now the senator-elect from Utah, stopped short of calling for Whitaker to recuse himself, but said it is “imperative that the important work of the Justice Department continues” and the Mueller probe “proceeds to its conclusion unimpeded.”

The Maine Republican Susan Collins also stated that “it is imperative that the administration not impede the Mueller investigation,” adding that she is concerned that “Rod Rosenstein will no longer be overseeing the probe,” and that “Special Counsel Mueller must be allowed to complete his work without interference—regardless of who is AG.”

And GOP Senator Lamar Alexander said the Mueller investigation will continue.

I’ll admit I’m not optimistic. For one thing, even if all three stand their ground, the likeliest outcome of Tuesday’s election seems to indicate that Republicans would still hold a Senate majority, perhaps with the help of Vice President Mike Pence. For another, after the Kavanaugh confirmation, we now know what Susan Collins’s word is worth.

And, of course, there’s is the huge factor that Donald Trump consistently, almost predictably, acts against the best advice he gets and his own interests. Journalist Josh Marshall and novelist John Scalzi coined the term “Trump’s razor” for this phenomenon: Every option being otherwise equal, Trump will always make the stupidest possible choice. If I were a betting man, I wouldn’t often have lost had I consistently bet accordingly.

So I think Trump will fire Mueller and dare somebody to do anything about it. That puts Republican officeholders — at all levels — in a serious predicament, for, as Conor Friedersdorf observes in the Atlantic article linked above:

After Wednesday, elected officials in the Republican Party should have no doubt that Donald Trump will force them to choose in coming days, weeks, and months between loyalty to him and loyalty to the rule of law, between the public’s right to the truth and Trump’s efforts to hide it.

They’ve sworn an oath of loyalty to the rule of law. Let’s see how many of them meant it.

 

Wednesday, November 7, 2018 7:14 pm

What’d we learn last night?

I’m going to start with what *I* learned: When my wife’s right, she’s right.

I spent hours in front of the TV with my list of key races and ballot issues and didn’t go to bed until late. When I did, I felt a modicum of relief: The Dems had done what they absolutely needed to do. They had pulled the country at least one step back from the abyss. But a lot of key races I’d targeted went red, and when I went to bed well after midnight, I was feeling a lot more relief than excitement. Kind of “meh,” in other words.

My wife, on the other hand, went to bed around 10, saying, “Let’s just wait and see what’s under the tree tomorrow morning.” At the time, the returns in were largely from Trump country, and I wasn’t feeling so great about things. The Blue Wave, from what I could see, largely hadn’t materialized.

And then I woke up today. And started reading. And, well, the longer the day went on, the more good news started trickling in. And, long story short, had I done what my wife did, I’d have gotten the same good news she did without all that stress.

And there was a lot of good news.

The first thing we learned was that the Democrats had taken the House and, with it, the specific power of subpoena and the general power to hold a largely lawless administration accountable. That HAD to happen if we were not going to proceed farther down the same road Germany traveled in the 1930s. And praise God, it did.

Not only that, we picked up a number of governorships, although the big prizes in Georgia and Florida remain contested for the moment and it looks like, win or lose, Georgia Secretary of State Brian Kemp will have been allowed to at least try to steal his own governor’s race. That can never be allowed to happen again, in Georgia or anywhere else.

We also learned that a lot of small miracles can happen overnight. Lucy McBath, whose valiant effort to oust the despicable Karen Handel in the Georgia Sixth looked DOA at midnight, now appears to have pulled through. Same with Joe Cunningham in the S.C. First against Katie Arrington, whose concession speech has to be seen and heard to be believed: She’s a narcissist to rival Trump, and I don’t say that lightly.

We learned that this election was even more of a referendum on Trump than a lot of people had thought. And I learned this because our six-term Republican sheriff, who faced a Democratic challenger with some nontrivial baggage, lost. Nobody around here, and I mean nobody, saw that coming. He’d been a perfectly good sheriff for a long time — I didn’t like him personally, but with the possible exception of his high-speed-chase policy, which he finally agreed to change after a pursuit-induced wreck in which five people died, I couldn’t really point to anything wrong that he was doing professionally that would make people vote against him. The only thing I could think of to make that many people vote against him was his support for Trump.

That said, we also learned that sometimes all politics really IS local. Trudy Wade, perhaps the second-vilest human being in the N.C. Senate behind GOP leader Phil Berger, had spent the past few years shitting on Greensboro out of spite. Karma’s a bitch.

If you doubt that, ask Kim Davis, the Kentucky Republican who made national news by refusing to issue marriage licenses to same-sex couples after the Supreme Court legalized same-sex marriage a few years ago. One of the men whom she had tried to deny a marriage license ran against her and whipped her like a rented mule.

What else did we learn?

We learned, those of us who didn’t already know, that the Green Party is just a bunch of Republican tools. They may have cost Democrat Kyrsten Sinema the U.S. Senate race in Arizona — the vote totals for the Green candidate well outweighed the difference between Sinema and Republican incumbent Martha McSally. The Green candidate in the New York 19th was taking money from a big GOP donor while attacking the Democratic candidate from the left.

We learned that voters feel very differently about issues versus candidates. In Florida and Missouri, to name just two, voters approved progressive ballot measures by significant margins — but voted for the politicians who oppose those measures. Part of that might just be due to racism, particularly in Florida. But there’s something else there that Democrats need to tease out and address.

Speaking of Florida, after the passage of Prop 4, which restores voting rights to most felons who have served their time, we learned that the Florida electorate could look very different, and much more Democratically inclined, in 2020. Prop 4 restores voting rights to about 1.5 million people. If Dems can get even 15% of those people to register and vote in 2020, they’ll find they have significantly more breathing room than they’re used to.

Speaking of voting, we learned that Americans are tired of vote suppression. A number of states passed initiatives to make it easier to register and vote and/or to prevent partisan gerrymandering. Here in N.C., unfortunately, we passed a state constitutional amendment requiring voter ID, but the measure is pretty much identical to a law the 4th Circuit overturned last year, with SCOTUS declining to hear the GOP appeal. I think the same thing will happen, and I am cautiously optimistic that there might not even be four votes on the high court to hear the same appeal again. The court traditionally has thought of itself as being a lagging indicator of political mood; what happened in this arena last night should signal to the court that, surprise, people want to vote, want their votes to count, and do not want to be messed with while voting, and that it should adjudicate accordingly because these are reasonable requests.

We learned that Republicans are perfectly willing to re-elect congresscritters who are under indictment (Chris Collins and Duncan Hunter) or who have been credibly accused of, at the least, knowing about the sexual assault of young men and refusing to do anything about it (Jim Jordan). Collins and Hunter, at least, are unlikely to serve their full terms.

We learned, AGAIN, that electronic voting systems are unreliable and should be replaced with paper ballots.

We learned that white women voters have some ‘splainin’ to do.

We learned that young adults really CAN turn out for a midterm election.

We learned that gerrymandering remains a huge problem in North Carolina: “In Congress, Republicans won 50.3% of the overall vote but 77% of the seats (10-3). That’s the power of gerrymandering.” But in 2020, districts will have been redrawn so that Democrats will have at least a fair shot at real representation in that year’s U.S. House races.

We learned that after three and a half years, the national media largely still have not learned how to do their jobs without providing an echo chamber for Trumpian propaganda and bigotry. Funny how completely the refugee caravan, which had loomed so large on the media agenda these past few weeks, disappeared without a trace in news coverage this morning.

Here’s one huge national lesson, particularly for Democrats: Put the best people you can at the top of the ticket, and then contest every single downballot race. Every. Single. One.

Beto O’Rourke narrowly lost his battle to take the odious Ted Cruz’s U.S. Senate seat in Texas. But O’Rourke built a campaign so organic and powerful that although he didn’t quite win his own race, he’s probably responsible for winning dozens of others. Not only did the particularly stupid tool Rep. Pete Sessions get ousted, but so, also, did every Republican judge in Dallas and Houston. (One of them actually pitched a temper tantrum in court this morning.) O’Rourke’s campaign likely also is responsible for the fact that Democrats won 31 of 32 contested Court of Appeals races, taking 17 seats from GOP incumbents. That changes the legal/justice landscape of Texas overnight. And Texas was just one state; it’s now looking as if Stacey Abrams’s campaign for Georgia governor helped the aforementioned Lucy McBath across the finish line in the Georgia Sixth as well.

And we learned, finally, that we as a people can say, “Yes, Trump is crazy, but look at all this AMAZING stuff we can do if we don’t let ourselves be defined by his craziness and if we show up on Election Day.”

So, no, we didn’t accomplish everything we were hoping for this time last night. But we got a glimpse of what we can accomplish, if we all show up and all keep working. So everyone take a deep breath, and then let’s get to work on 2020 and the ongoing struggle to create a more perfect Union.

 

 

 

 

 

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.

Thursday, September 27, 2018 8:04 am

Why things are so effed up

I keep hearing that there are Republicans out there whom we should take seriously because they believe in “good government.” I call bullshit. Here’s a very simple test. Name me one current, or even recent past, Republican holder of federal office who 1) deals in facts, 2) believes policy should comport with science and research, 3) believes in the equal-protection clause of the 14th Amendment, and 4) consistently acts and votes in accordance with these points.

That’s a goddamned low bar. That’s barely above “needs drool wiped from mouth.” And yet I cannot come up with a single name. Not Lisa Murkowski. Not Susan Collins. Not John Kasich, when he held federal office. Not Jeff Flake or Ben Sasse. I’m even gonna disinter and dust off John McCain long enough to say not him, either.

Here in North Carolina, the same is true of Republican state officeholders.

Now, are you still wondering why things are so effed up? Because there’s your answer.

Tuesday, September 18, 2018 6:51 pm

” … remember the ladies … “

Everyone remembers that as John Adams was working on what would become the Declaration of Independence, his wife, Abigail, wrote him a letter asking that he “remember the ladies.” What they don’t remember is the full quote, which is a lot more interesting and relevant:

I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the husbands. Remember, all men would be tyrants if they could. If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have no voice or representation.

Republicans on the Senate Judiciary Committee, take note.

Sunday, September 16, 2018 4:53 pm

Anita Hill Redux

So now a woman has come forward to tell The Washington Post that Supreme Court nominee sexually assaulted and attempted to rape her when they were both in high school.

Read The Washington Post’s story. The accuser, Christine Braley Ford, comes across as credible — certainly more credible than Kavanaugh, who has committed serial perjury before the U.S. Senate.

As corroborating evidence, the accuser offers notes from a 2012 conversation involving her, her husband and a marriage counselor, which describes the incident but does not name Kavanaugh (or anyone else) as her attacker. What has the GOP to offer in response? A ham-handed effort to make us believe that they were able to round up 65 female character witnesses from Kavanaugh’s high-school years within just a few hours.

At the very least, the Senate Judiciary Committee, which is scheduled to vote Thursday on Kavanaugh’s nomination, ought to postpone the vote long enough to get any and all witnesses with relevant information under oath. But that appears unlikely to happen.

Senate Judiciary Republicans issued a statement calling the accusation “uncorroborated allegations” (despite the counselor’s notes) and criticizing the Democrats for not having brought the allegation forward sooner. Ford sent her congresswoman a letter in July, before Kavanaugh was nominated; she passed it on in July to Feinstein as a member of the Senate committee that would be vetting whomever Trump nominated. Feinstein has said she had kept the letter secret at the request of the writer, whose name had been redacted.

A lawyer close to the White House told Politico the nomination would not be withdrawn:

“No way, not even a hint of it,” the lawyer said. “If anything, it’s the opposite. If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried. We can all be accused of something.”

(I imagine it doesn’t bother the White House at all that their lawyer friend is basically conceding that the building is full of rapists.)

Those of us who were around for Clarence Thomas’s nomination to the Supreme Court know how the Republicans will handle this: stonewall on the accusation and attack the accuser. The possibility that there might be something here worth getting sworn testimony on doesn’t even seem to have crossed Republicans’ minds.

If all Senate Republicans toe the party line, as looks likely, Kavaugh will be confirmed with at least 51 votes. So, in all likelihood, Ford will be smeared and Kavanaugh, despite documented perjury, will be confirmed. Two sexual assaulters will be radically reshaping laws that affect all of us, particularly women and girls. And a formerly great major political party will be demonstrating again the staggering depths of its corruption and yet more justification for its utter ouster in November and in 2020.

 

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.

 

 

Sunday, August 26, 2018 8:25 pm

Trump and the week that was

Donald Trump had such an awful week that it has taken me until tonight to begin to write about it. No American president has taken so many body blows in a single five-day period without getting shot.

On Tuesday, his former campaign manager, Paul Manafort, was convicted on eight felony counts, with the jury hung on another 10. Juror Paula Duncan, a staunch Trump supporter, called the government’s case “overwhelming” and said only a single juror prevented the panel from convicting Manafort on all 18 counts.

The charges against Manafort, in the Eastern District of Virginia, didn’t have anything directly to do with the Trump campaign’s conspiracy with the Russians to throw the 2016 election. But Manafort, who is likely to die in prison unless he cooperates, also faces trial in the District of Columbia starting Sept. 17 on charges related to his foreign lobbying work and witness tampering. Some of those charges may relate more directly to the Trump campaign.

Also Tuesday, former Trump attorney Michael Cohen, whose phones and computer records the government seized months ago, was charged with and pleaded guilty to eight felony counts of tax fraud, making false statements to a bank, and committing campaign-finance violations to try to keep news of two Trump affairs out of the public eye. In his plea agreement, a sworn statement accepted by the judge, Cohen confessed that “in coordination and at the direction of a candidate for federal office,” he kept information that would have been harmful to the candidate and the campaign from becoming public by paying two women who had slept with Trump “hush money.”

The “candidate for federal office” was Trump, who, by virtue of this plea agreement, becomes an unindicted co-conspirator. The last one of those we had in the Oval Office was Nixon.

Those two developments on the same day would have been bad enough. But the week wasn’t done with Trump yet. On Friday came the news that Allen Weisselberg, the Trump Organization chief financial officer, had been granted immunity. Publicly, the agreement was described as relating only to the payments Cohen described in his plea agreement.

But I’d be stunned if that’s all that the Southern District of New York was interested in, because witnesses don’t get blanket immunity from the government based on two discrete six-figure payments. Weisselberg originally was hired by Trump’s late father, Fred, in 1978 and has been with the organization ever since. He is a trustee of the trust that holds Trump’s personal holdings. He knows EVERYTHING about both Trump Organization finances and Donald Trump’s personal finances. And for him to have gotten the immunity he got means that he’s going to tell the government everything.

Also Friday, David Pecker, CEO of the National Enquirer’s parent company, was granted immunity in relation to the hush money payments Cohen made.

The Enquirer allegedly used a tactic known as “catch-and-kill” — when a publication buys the rights to a damaging story for the purpose of sitting on it and keeping that story out of the news.

The Associated Press reported Friday that the magazine even had a location where records of these payments were stored: a safe full of documents, not only relating to Trump, but similar “catch-and-kill” deals with other celebrities.

“By keeping celebrities’ embarrassing secrets, the company was able to ingratiate itself with them and ask for favors in return,” the AP reports.

And keep in mind that back in June, the New York Attorney General’s office sued the Trump Foundation and its board of directors (Trump family members), alleging violations of both state and federal law with respect to, among other things, illegal coordination with Trump’s presidential campaign and self-dealing. It is entirely possible that criminal charges against Trump and his kids will result from this lawsuit, and Trump can’t pardon anyone for state charges.

Taken together, these events make clear that whatever the government wants to know about support of the 2016 Trump campaign by the Russians, it is going to find out. The information already in the public record makes clear there’s plenty to find out.

Personally, I think that there already is enough evidence in the public record to impeach Trump — certainly on grounds of violation of the Emoluments Clause and the Take-Care Clause at least. But I’m realistic enough to know that most Americans don’t know that and that many of those who know don’t care. So I think that Democrats campaigning this fall should campaign on accountability for the administration generally rather than impeachment of Trump in particular. And I also think that any articles of impeachment should be based on one or more completed House investigative reports (assuming Democrats retake the House), a completed Mueller report, or both.

I think this week was less the beginning of the end than the end of the beginning for Trump. He has talked about firing Attorney General Jeff Sessions, who recused himself from the Mueller investigation (properly so) after the November midterms. The idea would be for him to install a new attorney general who could oversee, and perhaps shut down, the Mueller investigation. I think he’ll do that and that nationwide protests will break out as a result. But I also suspect that Mueller has anticipated this course of action and planned accordingly. I don’t know what his response would look like, but I am confident that he has one. Even if he does not, it would be far harder for Trump to interfere with the investigation housed in the Southern District of New York than to interfere with Mueller. And, of course, Trump has no control whatsoever over the New York Attorney General’s office.

Trump’s avenues of escape are being closed off one by one. My wife has been saying from the beginning that all of this ends with Trump in Moscow, voluntarily or otherwise, and I think that’s right. But I also think Trump will face indictment, articles of impeachment, or both first. And I look forward to those as we work to oust this traitor and criminal from the presidency.

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.

Monday, May 28, 2018 7:32 pm

Some stuff matters more than manners

A couple of days ago I had a conversation on Facebook with a relative of mine and a friend of his whom I didn’t know. It looks as if my relative has taken the thread down now, so I’m going from (potentially flawed) memory here, but it had to do with civil political discourse. In particular, the friend, whom I’ll call Al because that’s easy to type, argued that Trump supporters and Trump opponents should discuss their differences civilly.

I said then what I’ve said many times before here and in many other forums: I’m not interested in civil discussions with racists. Donald Trump is an unreconstructed racist. He ran on an unapologetically racist platform and was elected by racist people acting on their racism; the research, ranging from polls to focus groups, has been pretty much unanimous on that score. Accordingly, I believe that if you voted for Trump, you’re a racist, or you’re indifferent to his racism, which amounts to the same thing. Al, for his part, called people who can’t discuss politics civilly “immature.”

Well.

Those of you who know me know that I think that pleas for civility in political discourse are often the last refuge of people who desperately need to be hit with the chair. Sure, I think we ought to be able to discuss political differences civilly. But some things are more important than polite dialogue. Like racism. And torture. And genocide. And Nazism. And these things cannot be reasoned with, for they seek to overthrow the very rule of reason. They can only be defeated.

Al’s remark betrayed both a political naivete and a high level of privilege. While he wants to have civil discussions about Trump’s neo-Nazism, Trump’s minions are working to build a fascist government, separating children from their parents at our borders, perhaps never to see one another again, in some cases only because the families have committed the legal act of seeking political asylum in the United States. Moreover, in areas ranging from environmentalism to health care, Trump’s actions are literally putting thousands of American and other lives in jeopardy while people like Al insist that the real problem is the maturity level of Trump’s critics.

Here is what people like Al (and my relative, who, to be fair is a dedicated, decorated public-school teacher who’s usually way more sensible than this) need to understand.

In 1930s Germany, the Nazis used the tools of a free state against a free state. They used freedom of their own expression to destroy freedom of expression for others. They used the ballot to ultimately deny the ballot to others. And Trump and his minions are walking the same path today, using the same techniques, and pulling the same wool over the same people’s eyes, that the Nazis did 85 years ago.

About that: As it happens, being on vacation last week, I read a novel, Brandenburg Gate, by the English writer Henry Scott. It’s a spy novel set just before the fall of the Berlin Wall in November 1989. The protagonist, Rosenharte (whose father had been a high-ranking SS officer during World War II), and his girlfriend, both former employees of the East German secret state police, the Stasi, have met an elderly German man, Flammensbeck, who served on the Eastern Front with the Nazis during World War II. Rosenharte asks Flammensbeck whether he thinks the current demonstrators against the East German government have legitimate grievances.

Flammensbeck blew out his cheeks and exhaled. He seemed to be weighing something. Eventually he addressed them both. ‘By the spring of 1945, I was in a prisoner of war camp in the East — we didn’t know where. I was lucky to be alive because they shot many of us when we surrendered. Then one day in April it was announced that the Fűhrer had committed suicide. We were stunned, but after a bit we fell to asking each other what it had all been about. So much death and destruction. Millions dead. And each one of us with innocent blood on our hands. What was it all about? No one could say. Then one in our group answered that it was about nothing. There was no point to it, no hidden meaning. Nothing! We’d been had.’

And with Trump, here we are again fighting Nazism. Think I’m wrong? Think there’s no comparison between the Trump administration and the Nazi regime? Grapple, then, with this 1996 7-page paper, “The 8 Stages of Genocide,” by Gregory H. Stanton, the James Farmer Professor of Human Rights at The University of Mary Washington, Fredericksburg, Virginia; president of Genocide Watch; chairman of The International Campaign to End Genocide; director of The Cambodian Genocide Project; and vice president of the International Association of Genocide Scholars. A guy who knows from genocide, in other words.

He posits eight stages of genocide: classification, symbolization, dehumanization, organization, polarization, preparation, extermination, and denial. The administration is unquestionably engaging in classification, symbolization, dehumanization, organization, and polarization of certain minorities. And with Trump’s decision to order ICE and the Justice Department to separate children from their parents at our borders, even when those families have come to request political asylum as the law allows, we arguably have entered the stage of preparation as well.

Wake up, people. Extermination and denial are all that are left.

Given those circumstances, Al and his ilk, and my relative for that matter, are going to have to forgive me for not wanting to reason with Trumpists. This country spent 425,000 lives and untold billions of dollars defeating fascism in World War II. That argument was supposed to have been done, just as our argument about slavery was supposed to have been done after the Civil War. And given the decades I have spent researching World War II and Nazism in particular, I’ll be damned if I’m going to be lectured to by a political virgin about my political maturity in the context of crimes against humanity. Indeed, Al had better wake the hell up before he finds himself either up against the wall or wearing a swastika himself.

 

Wednesday, March 21, 2018 6:57 am

Thought for the day

As long as they don’t injure cops or anyone else in the process, I am totally here for this.

Hasta la vista, Zuckerberg

My last Facebook post, from last night:

Hi, all. I should’ve done this years ago, but this week’s reporting on Facebook and Cambridge Analytica has put an exclamation point on things: I’m getting off Facebook. I have another “Lex Alexander” account that I will use solely to administer the Greensboro College and Greensboro College Alumni pages. This personal account is going silent (and, eventually, away).

You can reach me at lex.alexander@gmail.com (personal), lex.alexander@greensboro.edu (work), on Twitter at @LexAlexander, or at my blog, www.lexalexander.net. If you really need my phone #, you probably already have it.

I understand that giving up Facebook is going to inconvenience me in a thousand little ways. Just for starters, a lot of media sites use Facebook for comments, so I won’t be doing that anymore; rather, if I feel so moved, I’ll be leaving my commentary here.

I also understand that for me, at least, the horse already has left the barn, run over the hill, spent 20 years siring Triple Crown winners, died, and been buried with honors in the Churchill Downs infield. I think I was among the first non-.edu users to get a Facebook account, which I needed for my social-media work with the News & Record at the time. A lot of my personal data is in the wind, irretrievable. Still, it seems like the right call.

One upside of this is that stuff I’ve previously been inclined to post to Facebook now will be going here on the blog, meaning I’ll be posting a lot more often than I have done in the recent past. Dave Winer, the godfather of blogging, has pushed people in this direction, and it was meet and right so to do.

I’m not under any illusions that my action, or even the actions of a few million people like me, will make any difference to Facebook; it has 2 billion users, with a “b,” so it won’t miss us. But I’ve been thinking about getting off it for at least four years, and this seems, if late, a good time to do so. And the level of bad acting on the part of CEO Mark Zuckerberg and the company — firing the chief security officer for worrying about what was going on with the Russians and Cambridge Analytica and then reducing that position’s staff from 120 to three — just seems both too arrogant and too incontinent to ignore.

Sunday, February 25, 2018 9:06 pm

Who ya got?

Anyone who is a hard-core Democrat may want to take what I’m about to discuss with a big ol’ grain of salt, inasmuch as I have been politically unaffiliated for a year, prior to which I was a Republican for 38 years.

However:

I have been seeing a whole bunch of discussion on the web, mostly but not all from BernieBros, arguing that Nancy Pelosi, by virtue of her age, should step aside as House Democratic leader in favor of someone, well, younger. And my gut response is: Who ya got?

Who among House Democrats is as reliably progressive? Who among House Democrats can wrangle the herd of cats that is the House Democratic caucus as well as Pelosi? Who among House Democrats can get a bill passed, or killed, as reliably as Pelosi? And, in acknowledgment of her historic status as the first female House speaker, who among House Democrats meets all those criteria and is a woman or a person of color?

I’ve asked this question across social media. And so far I haven’t gotten a single answer.

Oh, I’ve gotten plenty of insistence that her time is over and she needs to step aside. A lot of generalities, in other words. But generalities don’t run for caucus leadership positions, let alone the speakership. People do. Real people with real, assessable records, or the lack of them.

To be clear, I don’t think Pelosi is the ideal House Democratic leader. But as I said, elections don’t take place between ideals, but between real people with real records. I’ve looked pretty hard at the House leadership, as well as some other House Dems not in leadership. And at the moment I don’t see anyone, anyone, who is clearly superior to her.

So, for those who think she needs replacing, I would suggest you work on developing a better candidate. And for those who might want to replace her, I would suggest you create a record that strongly suggests you could replace her. You’ll want to keep in mind that the next Democratic House speaker isn’t just going to have to be speaker, but also is going to have to start cleaning up the mind-numbing list of disasters committed by Donald Trump and his fascist, bigoted, cosmically ignorant administration. That’s not a job for amateurs or poseurs. It’ll take a pro.

A flesh-and-blood pro, not some idealized conception. So: Who ya got?

Saturday, February 24, 2018 9:12 am

The kids are alright; or, finally getting some common-sense gun legislation

As I write, it’s been 10 days since the killing of 17 students at Stoneman Douglas High School in Parkland, Fla. And to judge from social media, we’re still talking about that massacre in particular and gun legislation in general. That’s remarkable.

It’s remarkable because, after nothing happened in the wake of the Newtown slaughter of innocents, a lot of people resigned themselves to the inevitability that nothing would EVER happen to put a stop to mass killings in the United States. Now? Companies including several rental-car firms, Symantec, and the bank that issued NRA credit cards have dropped their affiliation with the NRA. And in a midterm election year that already was shaping up to be potentially a wave year for Democrats, gun violence has emerged as an issue that might finally drive a lot of blue voters to the polls.

There are a lot of reasons, but the single most important has been the determination of the Stoneman Douglas students themselves. They believe, correctly, that the older generation has been derelict in its duty to protect the younger. And, either already able to vote or on the cusp of being able to do so, they’ve decided to take matters into their own hands. From die-ins outside the Capitol to humiliating Fla. Sen. Marco Rubio on CNN, these young men and women have made it clear that they have decided to be the change they want to see. And it isn’t just Stoneman Douglas students; it’s high-school students nationwide (students at my own son’s high school walked out this week to protest gun violence). Former president Barack Obama acknowledged their leadership role in a tweet, adding that the rest of us should get behind them.

One beneficial consequence has been that we’re finally starting to talk about solutions. At least, the sane among us are. Obviously, that excludes the National Rifle Association.

In a generation, the NRA has mutated from sportsmen’s organization to industry lobbyist to batshit insane fascist propaganda outlet. Executive vice president and CEO Wayne LaPierre gave an unhinged speech to the Conservative Political Action Conference (CPAC) this week, insisting, despite the fact that exactly zero people in responsible positions are actually saying this, that there is a movement afoot to strip all guns from law-abiding citizens and warning of a “socialist agenda” intent on “eradicat[ing] all individual freedoms.”

The NRA’s solution to this is more guns: specifically, arming teachers. (If the NRA ever publicly agreed that global warming is a problem, its solution would be more guns. Its solution to global COOLING would be more guns.) But given the fact that well-trained, periodically retrained New York City police officers return fire accurately only 18% of the time (and open fire accurate only 30% of the time), it’s hard to picture teachers doing any better, to say nothing of the safety and liability issue of having a loaded gun in a classroom full of young kids.

(Also at CPAC, speaking of unhinged, NRA spokeswoman Dana Loesch insisted:

Many in legacy media love mass shootings. You guys love it. I’m not saying that you love the tragedy, but I am saying that you love the ratings. Crying white mothers are ratings gold to you and many of the legacy media in the back [of the room].

(Here are the facts. Reporters cover mass shootings and other murders, as well as such other trauma as fires, wrecks, and industrial accidents, because people want to know about them and because, in many cases, it’s the only way the voiceless get a voice. Nobody loves it. In fact, quite a few public-safety reporters develop PTSD. But because the culture of most newsrooms is that it’s all part of the job and reporters just have to suck it up, most don’t get treatment for it and resort instead to self-treatment, often in unhealthy ways. For example, I dealt with mine for a long time just by drinking heavily. That Dana Loesch thinks reporters revel in this, or knows otherwise but is willing to lie about it, betrays a stunning depth of ignorance or depravity.)

Gun laws vs. gun deathsThe NRA’s protests to the contrary, the U.S. is alone among industrialized nations in its incidence of mass shootings. There are far more gun deaths in states without strong gun laws than in states with them (see chart at left). And getting military-grade weaponry out of the hands of civilians might be the single most important thing we can do to reduce the number of mass shootings.

Because here’s the thing: Well within the Second Amendment, we can absolutely have a rational conversation about what combination of objectively quantifiable qualities — caliber, muzzle velocity, magazine or clip capacity, reload rate, etc. — can provide sufficient stopping power for widespread gun ownership for self-defense or sport without putting military-grade hardware in the hands of crazy 19-year-olds like Nikolas Cruz, the Stoneman Douglas shooter. And if Democrats make big gains in this year’s elections, that conversation is going to start happening with or without the NRA at the table.

And it must. A lot of gun nuts (as opposed to sane gun-rights supporters) like to insist that AR-15s and similar assault rifles are a lot like other weapons. This account from a radiologist who helped treat some of the Stoneman Douglas victims gives the lie to that argument:

In a typical handgun injury that I diagnose almost daily, a bullet leaves a laceration through an organ like the liver. To a radiologist, it appears as a linear, thin, grey bullet track through the organ. There may be bleeding and some bullet fragments. …

The injury along the path of the bullet from an AR-15 is vastly different from a low-velocity handgun injury. The bullet from an AR-15 passes through the body like a cigarette boat travelling at maximum speed through a tiny canal. The tissue next to the bullet is elastic—moving away from the bullet like waves of water displaced by the boat—and then returns and settles back. This process is called cavitation; it leaves the displaced tissue damaged or killed. The high-velocity bullet causes a swath of tissue damage that extends several inches from its path. It does not have to actually hit an artery to damage it and cause catastrophic bleeding. Exit wounds can be the size of an orange. …

Handgun injuries to the liver are generally survivable unless the bullet hits the main blood supply to the liver. An AR-15 bullet wound to the middle of the liver would cause so much bleeding that the patient would likely never make it to a trauma center to receive our care.

After a mass killing in Australia in 1996, that country greatly restricted gun ownership. It has not had another mass killing since.

The Second Amendment would forbid measures as strict as Australia’s. But notwithstanding the lame protestations of NRA whores such as my own congresscritter, Ted Budd*, not only would a ban on military-style assault weapons be upheld as constitutional, we’ve already tried it and know that it works.

Congress enacted such a ban in 1994, with a 10-year sunset provision. It also banned magazines with a capacity of more than 10 rounds. What happened?

Compared with the 10-year period before the ban, the number of gun massacres during the ban period fell by 37 percent, and the number of people dying from gun massacres fell by 43 percent. But after the ban lapsed in 2004, the numbers shot up again — an astonishing 183 percent increase in massacres and a 239 percent increase in massacre deaths.

A ban on assault weapons and high-capacity magazines enjoys public support of 68 percent and 65 percent, respectively. Even among gun owners, almost half favor an assault-weapons ban.

We also could consider universal background checks for gun ownership (favored even by 87% of NRA members), excluding from ownership those with histories of domestic violence or mental illness as well as criminal records. We can raise the minimum age at which a civilian can buy certain kinds of weapons. We can require gun registration, gun training, and the purchase of liability insurance.

Those measures address gun violence more generally than they do mass shootings in particular. But with about 32,000 gun deaths (homicide, suicide and accident) per year, they’re worth pursuing anyway. It is true that most gun-owning Americans are law-abiding, but 32,000 deaths a year, many of them preventable, is unacceptable. And as any cops reporter can tell you, the American public is not, in any way, shape or form, a well-regulated militia.

We can’t continue to accept the status quo. And God willing, the kids are going to make sure we don’t.

*Ted Budd argues that the biggest problems with respect to gun violence are mental illness and radical Islamic terror, never mind the fact that mental illness exists in lots of countries without many mass shootings and never mind the fact that radical Islamism is implicated in passing few U.S. mass shootings. Budd must harbor an amazing contempt for his constituents’ intelligence to think these arguments persuasive.

 

 

 

 

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.

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