The Commentariat -- April 18, 2019
Late Morning/Afternoon Update:
Here's the DOJ's pdf of the Mueller report.
Here's a pdf of the report, via the Washington Post. Mrs. McC: I can't find it on the DOJ site.
NBC News has a copy of the report here.
Washington Post: "A team of Post reporters will be reading the redacted Mueller report.... This page will update frequently with key findings as we go through the document."
The New York Times is live-updating developments in the redacted Mueller report release.
CBS News reporters are sifting through the report & reporting its "highlights" here.
Julia Ainsley of NBC News pointed out that, contrary to Barr's contention this morning, (on p. 381 & elsewhere), Mueller invites the Congress to investigate impeachment of the President*, saying that while the Mueller team didn't reach conclusions on criminality, the findings invite Congress to do so. (Barr claimed that determining Trump's guilt or innocence was his job.) Update: Neil Katyal find Mueller's invitation to Congress right on page 2 (of part 2). Glenn Kirschner puts the two pages together & concludes that Mueller decided that since he could not bring charges against Trump under DOJ policies, but the Congress can find wrongdoing. Joyce Vance also views the report as "a roadmap to impeachment." Over to you, Nancy. ...
... Several reporters have found Mueller complaining about lack of cooperation from Trump & the White House, contrary again to Barr's false claim that the the President* was totally cooperative. Rep. Eric Swalwell is calling for Barr to resign. I hope that at least, next time Barr lumbers up to the Hill that Democrats harange him over his lies about the report.
Josh Gerstein's (Politico) first take is here. "While the exhaustive document confirms that Mueller found no conspiracy between Trump's campaign and the Kremlin, it contains some unfavorable observations regarding potential obstruction of justice. 'If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment,' the report says in a 182-page section dedicated to obstruction. 'Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him,' it continues."
... Or Maybe Nope. It's Just a Continuation of Barr Time ...
Barr said at his stupid presser that he would release the redacted Mueller report to the chairs & ranking members of the Senate & House Judiciary Committees at 11 a.m. ET, & shortly after that the DOJ would post a copy on its Website. The main DOJ Web page is here; one assumes there will be a link there to the report. Mrs. McC: Otherwise, IMO, Barr's remarks were a campaign ad for Trump: a lot of poor, put-upon Trump, standing against cruel, voracious media & "illegal leaks." Also too, "no collusion, no collusion, no collusion." It was, not surprisingly, a disgusting performance. ...
... Aaron Blake of the Washington Post: "In a lengthy opening statement, Barr found just about every way possible to say that there was no coordination, cooperation or conspiracy between the Trump campaign and Russia. He also said Trump was right about 'no collusion,' expanding the Mueller report's clearing of Trump to a more nebulous term with little legal significance. But perhaps more importantly, on obstruction of justice, he seemed to go to bat for Trump personally, offering a sympathetic take on the president’s state of mind and cooperation."
... Immediately after Barr's teevee show, Trump tweeted this:
— Donald J. Trump (@realDonaldTrump) April 18, 2019
Whitewash, Spin & Repeat. Here's the DOJ's Pre-Spin Spin. Matt Zapotosky, et al., of the Washington Post: "The Justice Department plans to release a lightly redacted version of special counsel Robert S. Mueller III's 400-page report Thursday, offering a granular look at the ways in which President Trump was suspected of having obstructed justice, people familiar with the matter said. The report --the general outlines of which the Justice Department has briefed the White House on -- will reveal that Mueller decided he could not come to a conclusion on the question of obstruction because it was difficult to determine Trump's intent and some of his actions could be interpreted innocently, these people said. But it will offer a detailed blow-by-blow of his alleged conduct -- analyzing tweets, private threats and other episodes at the center of Mueller's inquiry, they added." ...
... Mrs. Bea McCrabbie: According to Brian Williams of MSNBC, two Democrats were told to expect "heavy redactions." I know that's what I expect.
Andrew Desiderio & Kyle Cheney of Politico: "Speaker Nancy Pelosi said Barr had 'thrown out his credibility & the DOJ's independence with his single-minded effort to protect @realDonaldTrump above all else.' 'The American people deserve the truth, not a sanitized version of the Mueller Report approved by the Trump Admin,' Pelosi wrote on Twitter while on an official trip in Ireland.... 'So-called Attorney General is presiding over a dog and pony show,' tweeted House Democratic Caucus Chairman Hakeem Jeffries. 'Here is a thought. Release the Mueller report tomorrow morning and keep your mouth shut. You have ZERO credibility.'... A DOJ spokeswoman later said the [Barr-Robinson] news conference was not Trump's idea." Mrs. McC: That could be true. It might have been Rudy Giuliani's idea.
Jackie Mogensen of Mother Jones: "At a press conference Wednesday night, House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) criticized Attorney General William Barr's handling of the long-awaited Mueller report.... Nadler said the attorney general 'appears to be waging a media campaign on behalf of President Trump' and laid out four ways Barr has put his 'spin' on the report: He 'cherry picked' findings in his March 24 letter about the report, 'withheld' summaries written by the special counsel that 'were intended for public consumption,' reportedly briefed the White House on the report's findings before sharing it with Congress, and lastly, is releasing the report to Congress between 11 am and noon, 'well after' Barr's press conference on Thursday.... 'Attorney General Barr is not allowing the facts of the Mueller report to speak for themselves, but is trying to bake in the narrative about the report to the benefit of the White House,' Nadler said. Nadler also argued that Barr was deliberately releasing the report so close to a holiday weekend to make it more difficult to respond to." ...
I’m deeply troubled by reports that the WH is being briefed on the Mueller report AHEAD of its release. Now, DOJ is informing us we will not receive the report until around 11/12 tomorrow afternoon -- AFTER Barr's press conference. This is wrong. #ReleaseTheReport https://t.co/bR50HhGJ0i
— (((Rep. Nadler))) (@RepJerryNadler) April 17, 2019
... Barr's DOJ Gives Trump's Lawyers Cheat Sheets. Mark Mazzetti, et al., of the New York Times: "Justice Department officials have had numerous conversations with White House lawyers about the conclusions made by Mr. Mueller, the special counsel, in recent days, according to people with knowledge of the discussions. The talks have aided the president's legal team as it prepares a rebuttal to the report and strategizes for the coming public war over its findings.... The discussions between Justice Department officials and White House lawyers have also added to questions about the propriety of the decisions by Attorney General William P. Barr since he receivedMr. Mueller's findings late last month." ...
... Mrs. McCrabbie: We knew Barr was "sharing" when during Congressional testimony last week he refused to answer whether or not the White House had received the report. Often a "no comment" is a "yes." I'd sure like to know what input Trump's lawyers might have had into what-all is to be color-coded out of the report. BTW, RAS has a great summary at the end of yesterday's thread of what we already know Trump & Co. have done. RAS reasons that Barr's planned pirouette de deux will not change any hearts & minds. When I watch the morning matinee, I'm going to imagine Barr & Rosenstein in tutus.
You'll see a lot of very strong things come out tomorrow. Attorney General Barr is going to be giving a press conference. Maybe I'll do one after that; we'll see. -- Donald Trump, to a confederate radio host Wednesday ...
... Trump Announces Barr Presser. Matt Zapotosky & Devlin Barrett of the Washington Post: "Attorney General William P. Barr will hold a news conference Thursday to discuss special counsel Robert S. Mueller III's final report, adding a must-see-TV event to the day he will release the long-awaited document. President Trump revealed the plan during a radio appearance, and a Justice Department spokeswoman later confirmed it. The news conference will occur at 9:30 a.m. [ET], and Barr, appearing alongside Deputy Attorney General Rod J. Rosenstein, will take questions. It was not immediately clear whether the news conference would occur before or after the report's release. Barr has faced intense scrutiny from the public and lawmakers on Capitol Hill for his handling of Mueller's report so far.... Trump told the Larry O'Connor show on WMAL that he was pondering having his own news conference." ...
... Matt Naham of Law & Crime: "It seems many have already made up their minds about the purpose of the presser. The overarching theme of the criticism is that Barr is doing this to get out in front of the political nightmare contained within the report." Naham publishes a number of critical tweets. ...
... Mrs. McCrabbie: The NBC News report on the developments Wednesday afternoon, by Frank Thorp & Dareh Gregorian, has a coda so understated it made me laugh: "Mueller will not be attending the Barr-Rosenstein press conference."
... Barr to Give Some MOCs a "Less Redacted" Mueller Report. Jacqueline Thomsen of the Hill: "The Department of Justice (DOJ) will allow some members of Congress to view a copy of special counsel Robert Mueller's report 'without certain redactions,' federal prosecutors said in a court filing Wednesday. 'Once the redacted version of the report has been released to the public, the Justice Department plans to make available for review by a limited number of Members of Congress and their staff a copy of the Special Counsel's report without certain redactions, including removing the redaction of information related to the charges set forth in the indictment in this case,' prosecutors wrote in the filing."
Michael Stern in Slate: "Barr's handling of the [Mueller] report has only served to sow public distrust of the Justice Department. As a former federal prosecutor, I would go further: The attorney general's transparent efforts to protect ... Donald Trump have done enormous damage to the department.... It's a sad time when Congress, the press, the courts, and the American people have to worry that the attorney general of the United States may bend the law in a way that works to the detriment of the country, in order to further the personal interests of the man who gave him a job.... If juries do not believe that federal agents are credible, they are unlikely to convict and hold people accountable for the crimes they committed. Barr's testimony last week [i.e., his allegations that federal agents were 'spying' on the Trump campaign --] did immeasurable damage to the daily efforts of the federal prosecutors who work for him. I never thought I'd see an attorney general do more damage to the Justice Department than Jeff Sessions. I was wrong."
Mrs. McCrabbie: As we await release of the redacted Mueller report, we should factor into our expectations Robert Mueller's 2014-15 investigation of the way the NFL handled the Baltimore Ravens player Ray Rice's battering of his wife. Even though the AP had reported that a "law enforcement official claimed he had sent the NFL a video of Rice punching Palmer and played a voicemail message from an NFL office number on April 9 confirming the video had arrived," Mueller -- whom the NFL had hired to "investigate" -- "found no proof anyone at the league office received or viewed a video of Rice punching out his then-fiancée at an Atlantic City Casino until the footage became public.... We concluded there was substantial information about the incident -- even without the in-elevator video -- indicating the need for a more thorough investigation. The NFL should have done more with the information it had, and should have taken additional steps to obtain all available information about the February 15 incident." Not too impressive, IMO.
** David Rothkopf in the Daily Beast: "Something broke in America in the past week or two. We have been spiraling downward since Trump's election, but in these early days of spring 2019, we have crossed a line. The president and his men began asserting that they were above the law -- and effectively no one in our system did anything to stop them. Attorney General Bill Barr sneered at the Congress and placed himself imperiously above its questions.... At the same time, also last week, the secretary of the treasury [Steve Mnuchin] and the head of the IRS determined to violate a law that required in no uncertain terms for them to provide the president's tax returns to the chairman of the House Ways and Means Committee. Simultaneously, a massive leadership purge at the Department of Homeland Security took place, and it became quickly clear it was because the president and his team were frustrated that officials would not act in violation of the law." Read on. (Also linked yesterday afternoon.)
Rafi Schwartz of Splinter: "... yes, President Trump did indeed offer [Ivanka Trump] the chance to lead the World Bank, which she politely declined. Calling it 'a question' posed by her daddy, whom she currently serves as a policy advisor, Ivanka said she told him she was 'happy with the work' she was currently doing with his administration.... The president has previously made a big show of pretending to care about how it might look if he appointed Ivanka to yet another powerful position, insisting that while he'd love for his eldest daughter to take over the World Bank -- 'She's very good with numbers,' he said in a recent interview -- or represent the country at the United Nations, 'they'd say nepotism, when it would've had nothing to do with nepotism.' Because nothing says not-nepotism like making your heiress fashion designer daughter an ambassador, right?" Here's the AP report.
Niraj Chokshi & Frances Robles of the New York Times: "The Trump administration on Wednesday imposed new restrictions on dealing with Cuba amid a broader toughening of its Latin American policy, limiting nonfamily travel to the island and how much money Cuban-Americans can send to relatives there, and allowing exiles to sue for property seized by the Castro government.... By allowing the lawsuits -- a departure from nearly a quarter-century of policy -- the administration dismissed passionate opposition from officials in Europe and Canada who had lobbied in recent weeks against the move which could unleash a torrent of proceedings against companies and people accused of 'trafficking' in the confiscated property." ...
... Marc Caputo of Politico: "On the 58th anniversary of the Bay of Pigs invasion, President Trump's national security adviser John Bolton addressed a group of Cuban American veterans of the failed effort to topple Fidel Castro's regime and announced a series of crackdowns on Cuba and its allies. It was part of a call to arms to fight socialism abroad, but it was also a message for domestic consumption -- particularly in Florida, the nation's largest swing state and home to large Cuban American and Central and South American communities.... In all, Bolton announced seven crackdowns and sanctions targeting the governments in Cuba, Venezuela and Nicaragua, which he referred to as the 'troika of tyranny.' Bolton nicknamed Cuba's Miguel Díaz-Canel, Venezuela's Nicolás Maduro and Nicaragua's Daniel Ortega 'the three stooges of socialism.' But he also mentioned former U.S. President Barack Obama, whose Cuba rapprochement policies Trump has been rolling back, more than anyone else."
Charlie Savage & Choe Sang-Hun of the New York Times: "North Korea said on Thursday that it test-fired a new type of 'tactical guided weapon,' in what appeared to be a warning from Kim Jong-un to President Trump that unless once-promising negotiations with Washington resume, the two countries could again be on a collision course. The North's official Korean Central News Agency did not specify what type of weapon was involved in the test. But there was no evidence the test involved a nuclear detonation or an intercontinental ballistic missile."
Luke Darby of GQ: "Last month, a clip of New York representative Alexandria Ocasio-Cortez went predictably viral after she forcefully responded to one of her colleagues on the House Financial Services Committee when he called climate change an 'elitist' concern.... In response, Kentucky Republican congressman Andy Barr invited Ocasio-Cortez to come meet coal miners in his state 'who will tell you what the Green New Deal would mean for their families, their paychecks.'... Ocasio-Cortez accepted, saying she'd be 'happy' to go, adding that the Green New Deal was written to fund coal-miner pensions.... Not even a month later, that cordiality is out the window: Barr attached a rather inhospitable and obnoxious demand to his invitation, writing in a letter posted to Twitter that she should 'apologize to [Texas representative Dan Crenshaw] prior to coming to visit Kentucky,' for a completely unrelated event before meeting with miners..., [leaving] the impression that the Barr might not want her to come to Kentucky after all." ...
... Mrs. McCrabbie: Call this the "Bernie on Fox Effect." Republicans are so stuck in their closed circle that it doesn't occur to them that their own policies are terrible, & regular people are sometimes able to figure that out when presented with progressive policies that are far better for them, their families & their communities.
Presidential Race 2020
Caitlin Oprysko of Politico: "Fox News announced Wednesday that it will host a town hall with Sen. Amy Klobuchar next month, its second event of the nascent 2020 campaign with a Democratic presidential candidate. The town hall is scheduled for May 8 in Milwaukee...."
Matthew Choi of Politico: "Former Virginia Gov. Terry McAuliffe announced Wednesday that he would not be running for president in 2020, quelling speculation that he would join an already sizable group of Democratic hopefuls vying to push ... Donald Trump out of office.... McAuliffe said he would rather concentrate his energy on helping Democrats maintain control of the Virginia Legislature, though he thinks he could have beaten Trump 'like a rented mule' and would have done a good job in the White House."
Julie Turkewitz & Jack Healy of the New York Times: "A Florida high school student was found dead on Wednesday after she had made threats that prompted hundreds of schools to close across the Denver area, according to law enforcement officials. Identified as Sol Pais, 18, the woman had traveled to Denver and bought a firearm ahead of the 20th anniversary of the Columbine High School shooting, officials said. Sheriff Jeff Shrader of Jefferson County, Colo., said Ms. Pais was found dead from an 'apparent self-inflicted gunshot wound.'" (Also linked yesterday afternoon.)
An American's Response to the Notre Dame Fire. Niraj Chokshi of the New York Times: "A 37-year-old New Jersey man carrying a pair of full two-gallon cans of gasoline was arrested on Wednesday night after entering St. Patrick's Cathedral in New York, the police said. The man entered the cathedral just before 8 p.m. but was turned away by a church security officer.... As the man exited, some gasoline spilled on the floor. The security officer then notified two police officers outside the cathedral, who caught up to the man and began to question him. While he was cooperative, his answers were inconsistent and evasive.... 'His basic story was that he was cutting through the cathedral to get to Madison Avenue, that his car had run out of gas,'... according to John Miller, the Police Department's deputy commissioner of intelligence and counterterrorism.... 'We took a look at the vehicle. It was not out of gas, and at that point he was taken into custody.'"
Merris Badcock of WPTV West Palm Beach: "A judge has blocked the release of spa videos until a hearing is held. A hearing on the motion for a protective order has been scheduled for 1:30 PM on April 29. EARLIER: Secretly obtained surveillance videos of men inside a Jupiter massage parlor will be made public, according to the Palm Beach County State Attorney's Office. According to a recent court filing, the graphic video will be blurred or pixelated before it's released.... The surveillance video has become a source of contention for the most high-profile person charged in the case, New England Patriots owner Robert Kraft." Mrs. McC: I would be happy never to see naked Bob Kraft getting a very special "massage."
Way Beyond the Beltway
Andrea Zarate & Nicholas Casey of the New York Times: "A former president of Peru died on Wednesday after shooting himself in the head when the authorities tried to arrest him in connection with one of the biggest corruption scandals in Latin American history. When the authorities arrived at the home of the former president, Alan García, with an arrest warrant, he locked himself into his bedroom, shot himself and was rushed to a hospital, his personal secretary told reporters. The charges relate to Odebrecht, a Brazilian construction giant, which last year admitted to $800 million in payoffs in exchange for lucrative contracts for projects including roads, dams and bridges."