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Public Service Announcement

Washington Post: "Americans can again order free rapid coronavirus tests by mail, the Biden administration announced Thursday. People can request four free at-home tests per household through covidtests.gov. They will begin shipping Monday. The move comes ahead of an expected winter wave of coronavirus cases. The September revival of the free testing program is in line with the Biden administration’s strategy to respond to the coronavirus as part of a broader public health campaign to protect Americans from respiratory viruses, including influenza and respiratory syncytial virus (RSV), that surge every fall and winter. But free tests were not mailed during the summer wave, which wastewater surveillance data shows is now receding."

Washington Post: “Comedy news outlet the Onion — reinvigorated by new ownership over this year — is bringing back its once-popular video parodies of cable news. But this time, there’s someone with real news anchor experience in the chair. When the first episodes appear online Monday, former WAMU and MSNBC host Joshua Johnson will be the face of the resurrected 'Onion News Network.' Playing an ONN anchor character named Dwight Richmond, Johnson says he’s bringing a real anchor’s sense of clarity — and self-importance — to the job. 'If ONN is anything, it’s a news organization that is so unaware of its own ridiculousness that it has the confidence of a serial killer,' says Johnson, 44.” ~~~

     ~~~ Marie: I'll be darned if I can figured out how to watch ONN. If anybody knows, do tell. Thanks.

Washington Post: “First came the surprising discovery that Earth’s atmosphere is leaking. But for roughly 60 years, the reason remained a mystery. Since the late 1960s, satellites over the poles detected an extremely fast flow of particles escaping into space — at speeds of 20 kilometers per second. Scientists suspected that gravity and the magnetic field alone could not fully explain the stream. There had to be another source creating this leaky faucet. It turns out the mysterious force is a previously undiscovered global electric field, a recent study found. The field is only about the strength of a watch battery — but it’s enough to thrust lighter ions from our atmosphere into space. It’s also generated unlike other electric fields on Earth. This newly discovered aspect of our planet provides clues about the evolution of our atmosphere, perhaps explaining why Earth is habitable. The electric field is 'an agent of chaos,' said Glyn Collinson, a NASA rocket scientist and lead author of the study. 'It undoes gravity.... Without it, Earth would be very different.'”

The New York Times lists Emmy winners. The AP has an overview story here.

New York Times: “Hvaldimir, a beluga whale who had captured the public’s imagination since 2019 after he was spotted wearing a harness seemingly designed for a camera, was found dead on Saturday in Norway, according to a nonprofit that worked to protect the whale.... [Hvaldimir] was wearing a harness that identified it as “equipment” from St. Petersburg. There also appeared to be a camera mount. Some wondered if the whale was on a Russian reconnaissance mission. Russia has never claimed ownership of the whale. If Hvaldimir was a spy, he was an exceptionally friendly one. The whale showed signs of domestication, and was comfortable around people. He remained in busier waters than are typical for belugas....” ~~~

     ~~~ Marie: Oh, Lord, do not let Bobby Kennedy, Jr., near that carcass. ~~~

     ~~~ AP Update: “There’s no evidence that a well-known beluga whale that lived off Norway’s coast and whose harness ignited speculation it was a Russian spy was shot to death last month as claimed by animal rights groups, Norwegian police said Monday.... Police said that the Norwegian Veterinary Institute conducted a preliminary autopsy on the animal, which was become known as 'Hvaldimir,' combining the Norwegian word for whale — hval — and the first name of Russian President Vladimir Putin. 'There are no findings from the autopsy that indicate that Hvaldimir has been shot,' police said in a statement.”

New York Times: Botswana's “President Mokgweetsi Masisi grinned as he lifted the diamond, a 2,492-carat stone that is the biggest diamond unearthed in more than a century and the second-largest ever found, according to the Vancouver-based mining operator Lucara, which owns the mine where it was found. This exceptional discovery could bring back the luster of the natural diamond mining industry, mining companies and experts say. The diamond was discovered in the same relatively small mine in northeastern Botswana that has produced several of the largest such stones in living memory. Such gemstones typically surface as a result of volcanic activity.... The diamond will likely sell in the range of tens of millions of dollars....”

Click on photo to enlarge.

~~~ Guardian: "On a distant reef 16,000km from Paris, surfer Gabriel Medina has given Olympic viewers one of the most memorable images of the Games yet, with an airborne celebration so well poised it looked too good to be true. The Brazilian took off a thundering wave at Teahupo’o in Tahiti on Monday, emerging from a barrelling section before soaring into the air and appearing to settle on a Pacific cloud, pointing to the sky with biblical serenity, his movements mirrored precisely by his surfboard. The shot was taken by Agence France-Presse photographer Jérôme Brouillet, who said “the conditions were perfect, the waves were taller than we expected”. He took the photo while aboard a boat nearby, capturing the surreal image with such accuracy that at first some suspected Photoshop or AI." 

Washington Post: “'Mary Cassatt at Work' is a large and mostly satisfying exhibition devoted to the career of the great American artist beloved for her sensitive and often sentimental views of family life. The 'at work' in the title of the Philadelphia Museum of Art show references the curators’ interest in Cassatt’s pioneering effort to establish herself as a professional artist within a male-dominated field. Throughout the show, which includes some 130 paintings, pastels, prints and drawings, the wall text and the art on view stresses Cassatt’s fixation on art as a career rather than a pastime.... Mary Cassatt at Work is on view at the Philadelphia Museum of Art through Sept. 8. philamuseum.org

New York Times: “Bob Newhart, who died on Thursday at the age of 94, has been such a beloved giant of popular culture for so long that it’s easy to forget how unlikely it was that he became one of the founding fathers of stand-up comedy. Before basically inventing the hit stand-up special, with the 1960 Grammy-winning album 'The Button-Down Mind of Bob Newhart' — that doesn’t even count his pay-per-view event broadcast on Canadian television that some cite as the first filmed special — he was a soft-spoken accountant who had never done a set in a nightclub. That he made a classic with so little preparation is one of the great miracles in the history of comedy.... Bob Newhart holds up. In fact, it’s hard to think of a stand-up from that era who is a better argument against the commonplace idea that comedy does not age well.”

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Constant Comments

A nation of sheep will beget a government of wolves. -- Edward R. Murrow

Publisher & Editor: Marie Burns


Sunday
Dec092018

The Commentariat -- December 10, 2018

Afternoon Update:

Rosalind Helderman & Spencer Hsu of the Washington Post: "Maria Butina, a Russian gun rights activist, is poised to plead guilty in a case involving accusations that she was working as an agent for the Kremlin in the United States, according to a new court filing. Attorneys for Butina and federal prosecutors jointly requested in court documents Monday that U.S. District Judge Tanya S. Chutkan set a time for Butina to withdraw her previous plea of not guilty. They said they could be available for her to enter her plea as early as Tuesday. 'The parties have resolved this matter,' Butina's lawyers and D.C.-based prosecutors wrote in their joint filing."

Marshall Cohen of CNN: "At least 16 associates of Donald Trump had contacts with Russians during the 2016 campaign or transition, according to public statements, court filings, CNN reporting, and reporting from other news outlets."

"Whatever." Matt Yglesias of Vox: "No person's entire career can be summed up in a single quote. But ousted White House Chief of Staff John Kelly's defense to the charge that the Trump administration's child separation policy at the border was cruel deserves to be etched into his tombstone. 'The children,' he said, 'will be taken care of -- put into foster care or whatever.' That is roughly the degree of thoughtfulness and consideration that was put into the policy. And it properly reflects Kelly's true legacy as chief of staff.... The emphasis on times when Kelly could rein in Trump ignores the extent to which the two men were genuinely like-minded, and the many crucial moments where Kelly exacerbated Trump's worst instincts."

Robert Barnes of the Washington Post: "The U.S. Supreme Court declined Monday to review lower court decisions that blocked efforts in two states to cut off public funding for Planned Parenthood, refusing for now to get involved in state battles over abortion rights. The cases did not touch on abortion itself, but three justices who said the court should have accepted the cases said that was the reason the court declined to get involved. 'What explains the court's refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named "Planned Parenthood,"' Justice Clarence Thomas wrote.... Thomas was joined in his opinion by fellow conservative justices Samuel A. Alito Jr. and Neil M. Gorsuch.... The court's action showed a split among the panel's conservatives, and might indicate a reluctance by the majority to take on controversial cases at a time when the Supreme Court is in the political spotlight.... It takes four justices to accept a case...."

Stephen Castle & Richard Pérez-Peña of the New York Times: "Facing the prospect of a humiliating defeat, Prime Minister Theresa May said on Monday that she would seek to postpone a parliamentary vote on her proposal for Britain's departure from the European Union, throwing the process into disarray and highlighting her tenuous hold on power. Parliament had been scheduled to vote on Tuesday on the agreement that Mrs. May reached with the bloc for Britain's withdrawal, or Brexit -- a critical moment in her political career and in the battle over an issue that has gripped British politics for nearly three years. But weeks of bitter criticism and days of parliamentary debate had left no doubt that the plan would be soundly rejected by lawmakers, due in large part to objections over plans for dealing with the Irish border that pro-Brexit lawmakers say could potentially leave the United Kingdom tied to some of the bloc's rules indefinitely."

*****

This Russia Thing, Etc., Ctd.

"No Smocking Gun." Caitlin Oprysko of Politico: "... Donald Trump on Monday sought to downplay the felony his former personal attorney Michael Cohen pleaded guilty to this month, arguing that Cohen's hush money payments on behalf of Trump were a 'simple private transaction' rather than a breach of campaign finance law. Apparently citing a Fox News segment, Trump insisted on Twitter that there is 'smocking (sic) gun' pointing to coordination between the Trump campaign and Russia that emerged from the closed door congressional testimony of former FBI Director James Comey last week.... 'There was NO COLLUSION,' Trump wrote on Monday. 'So now the Dems go to a simple private transaction, wrongly call it a campaign contribution, which it was not (but even if it was, it is only a CIVIL CASE, like Obama's - but it was done correctly by a lawyer and there would not even be a fine.).'" ...

     ... Mrs. McCrabbie: A smocking gun is the perfect holiday gift for the home-crafter. A multi-purpose tool, it makes light work of smocking baby's Christmas dress & glue-gunning baubles to your festive wreaths. When President* Trump gave his wife Melanie a smocking gun, she went stark-staring-crazy gluing like millions of red berries to a bunch of trees she found out in the hall. Wait till you see Uday & Qusay in the smocked Russian bear dancer outfits Melanie whipped up for them. The smocking gun is available at WalMart, Michael's & the Home Shopping Network. (Not suitable for children under six or Uday and Qusay.) Oh, P.S., the rest of Trump's TwitterTale above is crap. ...

... Avery Anapol of the Hill: "Former CIA Director John Brennan blasted President Trump after he downplayed allegations of campaign finance violations by calling them a 'private transaction.' 'Whenever you send out such inane tweets, I take great solace in knowing that you realize how much trouble you are in & how impossible it will be for you to escape American justice,' Brennan tweeted. 'Mostly, I am relieved that you will never have the opportunity to run for public office again.'" Mrs. McC: Huh. Obviously Brennan thinks Trump will not be in a position to run for re-election. Even if Trump did revoke Brennan's security clearance, Brennan well may know something we don't know.

Ben Protess, et al., of the New York Times: "After [Michael] Cohen pleaded guilty in August to breaking campaign finance laws and other crimes ... the federal prosecutors in Manhattan shifted their attention to what role, if any, Trump Organization executives played in the campaign finance violations, according to people briefed on the matter.... In addition to implicating Mr. Trump in the payments to the two women, Mr. Cohen has told prosecutors that the company's chief financial officer was involved in discussions about them, a claim that is now a focus of the inquiry.... In recent weeks, the prosecutors contacted the company to renew a request they had made earlier this year for documents and other materials...." ...

... Benjamin Weiser of the New York Times: "Michael D. Cohen ... always had a high self-regard for his ability to talk -- or bully -- his way out of challenging situations, whether acting on his own or on behalf of Mr. Trump. So when federal prosecutors in the Southern District of New York began investigating Mr. Cohen, he seemed to undertake a brazen and risky legal strategy: offer enough information that it might prompt prosecutors to ask a judge for leniency for him -- but nothing more about his or others' activities. On Friday, the prosecutors made clear that Mr. Cohen was less useful to their investigation because he would not fully cooperate, therefore he would not reap benefits, such as a government letter on his behalf. They said Mr. Cohen had refused to sign a full cooperation agreement, the sort most people in the Southern District sign when agreeing to testify against their partners in crime. Under that sort of deal, witnesses must admit to every crime they have committed and offer any details concerning crimes by others, even ones the government did not know about."

Michael Burke of the Hill: "Rep. Adam Schiff (D-Calif.) on Sunday said that President Trump might 'face the real prospect of jail time' after prosecutors indicated last week that he directed illegal payments during his 2016 presidential campaign." (Also linked yesterday afternoon.) ...

... Martin Matishak of Politico: "Rep. Jerry Nadler (D-N.Y.) on Sunday said that if accusations that ... Donald Trump directed illegal payments during his campaign are true that it would 'certainly' be an impeachable offense, but stopped short of saying such action would be taken. 'They would be impeachable offenses. Whether they're important enough to justify an impeachment is a different question,' Nadler, the incoming chairman of the House Judiciary Committee, said on CNN's 'State of the Union.'" (Also linked yesterday afternoon.) ...

... Quinn Scanlan of ABC News: "Republican Sen. Marco Rubio said repeatedly that ... Donald Trump pardoning former campaign chairman Paul Manafort would be a 'terrible mistake,' and that doing so could possibly 'trigger a debate about whether the pardon powers should be amended.'" (Also linked yesterday afternoon.) ...

... Erin Durkin of the Guardian has a more extensive report on remarks made by Schiff, Nadler & Rubio. ...

... Megan Keller of the Hill: "Former New Jersey Governor Chris Christie (R) said Sunday that the language federal prosecutors are using to refer to President Trump in an indictment against Michael Cohen makes it sound as if they might have corroborating evidence that the president violated campaign finance law." (Also linked yesterday afternoon.)

Stephanie Baker, et al. of Bloomberg: "Not long after Michael Cohen stopped pursuing a Trump-branded property project in Moscow, another Russian connection to the future U.S. president's entourage started to form. Like the real estate plan, it didn't end well -- particularly for Russian tycoon Viktor Vekselberg. His effort to engage in statecraft at the highest level unraveled spectacularly, costing him billions, cleaving his family and severing the extensive ties to the U.S. elite that turned him into what one Moscow newspaper called the 'most American' of Vladimir Putin's plutocrats.... Instead, he became the richest victim of the most dangerous standoff between the U.S. and Russia since the Cold War." --s (Also linked yesterday afternoon.)

James Risen of The Intercept: "The significance of Mueller's new filing about [Paul] Manafort is that it raises new questions about connections between Trump's campaign manager and a figure with ties to Russian intelligence. Many of the details are frustratingly redacted in the Mueller filing, but it suggests that [Konstantin] Kilimnik plays a more important role in Mueller's investigation than previously believed. What is obvious is that, despite Trump's denials, he and his campaign were involved in repeated, serious efforts to develop deep connections to Vladimir Putin's regime from the very beginning of Trump's run for the presidency." --s ...

... Rosalind Helderman, et al., of the Washington Post: "Again and again and again, over the course of Donald Trump's 18-month campaign for the presidency, Russian citizens made contact with his closest family members and friends, as well as figures on the periphery of his orbit.... In all, Russians interacted with at least 14 Trump associates during the campaign and presidential transition, public records and interviews show.... The mounting number of communications that have been revealed occurred against the backdrop of 'sustained efforts by the Russian government to interfere with the U.S. presidential election,' as Mueller's prosecutors wrote in a court filing last week. The special counsel's filings have also revealed moments when Russia appeared to be taking cues from Trump."

Greg Krieg of CNN: "Former FBI Director James Comey asked American voters Sunday night to end Donald Trump's presidency with a 'landslide' victory for his opponent in 2020. 'All of us should use every breath we have to make sure the lies stop on January 20, 2021,' Comey told an audience at the 92nd Street Y on New York City's Upper East Side. He all but begged Democrats to set aside their ideological differences and nominate the person best suited to defeating Trump in an election. 'I understand the Democrats have important debates now over who their candidate should be,' Comey told MSNBC's Nicolle Wallace, 'but they have to win. They have to win.'... Hours earlier, Trump attacked Comey in a pair of testy morning tweets, claiming without evidence that the former FBI chief had lied on Friday in his testimony to the House Judiciary and Oversight committees. 'Leakin' James Comey must have set a record for who lied the most to Congress in one day. His Friday testimony was so untruthful!,' Trump wrote, adding in a second post: 'On 245 occasions, former FBI Director James Comey told House investigators he didn't know, didn't recall, or couldn't remember things when asked.'Comey laughed at the idea Trump had even looked over the actual testimony, joking to Wallace before she could read the tweets, 'He's finished reading the 253 pages?'"

Matt Shuham of TPM: "Former FBI Director James Comey testified to the House Oversight and Judiciary committees Friday that he was concerned in late 2016 'that there appeared to be in the media a number of stories that might have been based on communications reporters or nonreporters like Rudy Giuliani were having with people in the [FBI's] New York field office.'... [From the transcript:] 'In particular..., I want to say mid-October..., Mr. Giuliani was making statements that appeared to be based on his knowledge of workings inside the FBI New York.'"

Ham Sandwich Sues Prosecutor. Josh Gerstein of Politico: "An author and conspiracy theorist who says he's being threatened with indictment by special counsel Robert Mueller's team in the Trump-Russia probe filed a federal lawsuit Sunday night accusing Mueller of constitutional violations and leaking grand jury secrets.Jerome Corsi's new suit against Mueller also accuses the special prosecutor of trying to badger Corsi into giving false testimony that he served as a conduit between Wikileaks found Julian Assange and Roger Stone.... Corsi is represented in the suit by his defense attorney, David Gray of New Jersey, and longtime conservative gadfly and Judicial Watch founder, Larry Klayman."


Wesley Morgan
of Politico: "... Donald Trump has told Defense Secretary Jim Mattis to submit a $750 billion budget proposal for fiscal 2020, in a reversal from his pledge to trim defense spending, two people familiar with the budget negotiations have told Politico. The $750 billion figure emerged from a meeting Tuesday at the White House among Trump, Mattis and the Republican chairmen of the House and Senate Armed Services committees, both people said.... That would ... represent a stunning about-face for a president who recently called the fiscal 2019 top line of $716 billion for defense spending 'crazy.' In October, Trump said the defense figure for 2020 would be $700 billion, a roughly 5 percent cut in line with decreases planned for other agencies."

Maggie Haberman of the New York Times: "Nick Ayers, President Trump's top choice to replace John F. Kelly as chief of staff, has declined to take the job, according to three people familiar with the talks. Mr. Ayers, 36, the chief of staff to Vice President Mike Pence, is expected to leave the administration in the coming weeks as his family returns to Georgia, according to people familiar with his plans." ...

... Such a Principled Young Man. Lachlan Markay of the Daily Beast: "... a source close to the White House told The Daily Beast, Ayers is expected to return to the pro-Trump dark money group he helped found.... Ayers' departure from government would mark a return to a private political consulting career that earned him huge paychecks between stints at GOP political outfits including the Republican National Committee and the Republican Governors Association and his work with Pence during the 2016 presidential campaign." ...

... Mehdi Hasan of the Intercept: John "Kelly was never a 'great guy'; never the 'adult in the room.' He was a bully, a bigot and a liar; as racist and reactionary as his soon-to-be former boss. He was an enabler of Trump's worst crimes and abuses -- from the 'unconstitutional' appointment of his crony Matthew Whitaker as acting attorney general, to the abduction of children at the U.S.-Mexico border, to the fake furor over the migrant 'caravan.'" Hasan runs down Kelly's greatest hits.

Bull in a China Shop. Jackson Diehl of the Washington Post: "Mike Pompeo was supposed to rescue the State Department from its disastrous start in the Trump presidency. When he first turned up at Foggy Bottom on May 1, he promised to staff up a badly depleted bureaucracy, listen to its views and reinvigorate U.S. diplomacy after a year of dysfunction. State, he said, would get 'back our swagger.' Now, after a month that has seen the secretary offer smiles and excuses to Saudi Arabia's murderous Mohammed bin Salman, trash Congress for 'caterwauling' and inspire a rare revolt by Senate Republicans, it's time to offer a verdict: Pompeo has managed to worsen the State Department's already abysmal standing with every significant constituency. Legislators, major allies, the media, career staff, even North Korea are alienated. The only satisfied customer may be President Trump -- and even he has grounds for grievance." Read on.

Command Appearance. Simon Goodley of the Guardian: "China has summoned the US ambassador in Beijing to protest about the detention of a senior Huawei executive in Canada after US law enforcement officials issued a warrant for her arrest last week. The official Xinhua news agency said the vice-foreign minister, Le Yucheng, had 'lodged solemn representations and strong protests' with the ambassador, Terry Branstad, against the detention of Meng Wanzhou, chief financial officer of the Chinese technology firm."

Nic Robertson of CNN: "'I can't breathe.' These were the final words uttered by Jamal Khashoggi after he was set upon by a Saudi hit squad at the country's consulate in Istanbul, according to a source briefed on the investigation into the killing of the Washington Post columnist. The source, who has read a translated transcript of an audio recording of Khashoggi's painful last moments, said it was clear that the killing on October 2 was no botched rendition attempt, but the execution of a premeditated plan to murder the journalist.During the course of the gruesome scene, the source describes Khashoggi struggling against a group of people determined to kill him."

Sharon Lerner of The Intercept: "A new water rule that will strip federal protections from an estimated 60-90 percent of U.S. waterways will dramatically ease restrictions on how polluting industries do business.... But oil and gas transport companies may benefit most from the imminent shift. When the rule takes effect, pipeline construction projects that are currently required to undergo months, or even years, of scrutiny from water experts in order to minimize their environmental impact will be allowed to speed forward...The oil and gas industries have been pushing for years for these same changes.... The change will likely have the most dramatic effect in Alaska and the arid west, which, depending on the wording of the rule, may see up to 90 percent of its waterways lose federal protection." --s

Damian Carrington of the Guardian: "Global investors managing $32tn issued a stark warning to governments at the UN climate summit on Monday, demanding urgent cuts in carbon emissions and the phasing out of all coal burning. Without these, the world faces a financial crash several times worse than the 2008 crisis, they said. The investors include some of the world's biggest pension funds, insurers and asset managers and marks the largest such intervention to date. They say fossil fuel subsidies must end and substantial taxes on carbon be introduced." --s

I do not like the fact that Madison and Milwaukee chose Governor Evers and they're the reason that he won. -- Wisconsin Assembly Speaker Robin] Vos (R), expressing his opposition to one-person-one-vote for urbanites ...

... Jonathan Chait: "'Donald Trump's gold-embossed version of authoritarianism, inflected with narcissism and a Mafia ethos, is highly distinctive and, at least to some Republican elites, occasionally unsettling.... Trump's wild charges about 'rigged elections' and millions of imaginary illegal voters stand out for their blunt-force ignorance but not their basic thrust.... Trump did not invent the broader distrust of democracy infecting his party. Nor is the [anti-democratic] philosophy espoused by [Wisconsin Assembly Speaker Robin] Vos merely some alarming idiosyncrasy coming from one legislator in Wisconsin. In fact, paradoxically, the black-swan nature of Trump's presidency is obscuring a decades-long project that, should the grand American experiment in self-government end in ruin, could easily bear more responsibility for its death than any single president.... We now inhabit a political reality in which Republicans looking to exploit the powers of minority control have become even more brazen in their tactics."

Nervous Breakdown at the Wingnut Corral. Elham Khatami of ThinkProgress: "Conservative pastor E.W. Jackson went on a six-minute Islamophobic rant on his radio show Wednesday, telling listeners that Muslims are 'going to turn Congress into an institution of Sharia law.' Jackson was speaking specifically about Rep.-elect Ilhan Omar (D-MN), who, along with Rashida Tlaib (D-MI), are set to become the first Muslim women elected to Congress.... 'Floor of Congress is now going to look like a, it's going to look like an Islamic republic.'... Late Thursday evening, Omar clapped back, tweeting that Jackson is 'gonna have to just deal.' 'Well sir,' she said, 'the floor of Congress is going to look like America....'" --s (Also linked yesterday.)

Jamiles Larty of the Guardian: "This year has been by far the worst on record for gun violence in schools, the advocacy group Sandy Hook Promise said, citing research by the US Naval Postgraduate School (NPS). The NPS Center for Homeland Defense and Security counted 94 school shooting incidents in 2018, a near 60% increase on the previous high, 59, an unwanted record set in 2006. The NPS database goes back to 1970 and documents any instance in which a gun is 'brandished, is fired, or a bullet hits school property for any reason', regardless of the number of victims or the day of the week.... In response to the NPS findings and to mark the sixth anniversary of Sandy Hook, on 14 December, Sandy Hook Promise will release a jarring public service announcement [video]." --s (Also linked yesterday afternoon.)

Jennifer Valentino-DeVries, et al., of the New York Times: "... as smartphones have become ubiquitous and technology more accurate, an industry of snooping on people’s daily habits has spread and grown more intrusive.... At least 75 companies receive anonymous, precise location data from apps whose users enable location services to get local news and weather or other information.... These companies sell, use or analyze the data to cater to advertisers, retail outlets and even hedge funds seeking insights into consumer behavior.... More than 1,000 popular apps contain location-sharing code from such companies, according to 2018 data from MightySignal, a mobile analysis firm. Google's Android system was found to have about 1,200 apps with such code, compared with about 200 on Apple's iOS." ...

     ... Valentino-DeVries & Natasha Singer show you how you can stop the snoopers from tracking you.

Presidential Race 2020. Alex Seitz-Wald of NBC News: "A little over a year from now, millions of Californians will be mailed their ballots on the same day that Iowans head to their famous first-in-the-nation presidential caucuses. They could start mailing them back before New Hampshire holds its first-in-the-nation primary in 2020. Meanwhile, Texans will likely have a chance to vote early, too -- even before Nevada and South Carolina, which typically round out the earliest portion of the primary calendar. The explosion of early voting and reshuffling of the primary calendar in 2020 could transform the Democratic presidential nominating contest, potentially diminishing the power of the traditional, tiny and homogeneous early states in favor of much larger and more diverse battlegrounds. That would be a boon to the best-known candidates with warchests sizable enough to compete in big states early. And it would empower black and Hispanic voters in large, multiracial states like California, which was a virtual afterthought at the back of the primary calendar in 2016. Criticism has mounted for years about the primacy of New Hampshire and Iowa, which are both around 90 percent white."

Annals of "Journalism," Ctd.

"A Future with Less News." David Uberti in the New Republic: "A decade of turmoil has left a weakened press vulnerable to political attacks, forced into ethical compromises, and increasingly outstripped by new forms of digital media. Deeply reported and scrupulously fact-checked stories now compete with click-bait, memes, bots, trolls, hyper-partisan writers, and fake news produced to rack up views on social platforms. Local news is vanishing as Facebook, Google, and increasingly Amazon dominate the advertising industry on which publications long relied." Uberti reprises the highlights of a book by Alan Rusbridger, former editor of the Guardian."

     ... Mrs. McCrabbie: As we all know, many news outlets, and almost all of the major ones, are speeding up our strict real-news diet by subscriber-firewalling their content. We've been able to get around most of those firewalls (the WSJ being a notable exception) by opening the stories in private windows, but it looks as if that work-around is ending: just this morning I tried to open an LA Times story in a private window -- and it turns out that is now verboten. Other outlets are likely to follow suit. Well, you say, profit-motivated journalism was never the best idea anyway; maybe we should try some kind of publicly-financed journalism. Um, okay ...

... NPR Abuses the Interns It Relies on to Do, Well, Everything. Paul Farhi of the Washington Post: "For decades, the public broadcaster has relied on a cadre of temporary journalists to produce its hourly newscasts and popular news programs. Without temporary workers -- who are subject to termination without cause -- NPR would probably be unable to be NPR. Temps do almost every important job in NPR's newsroom: They pitch ideas, assign stories, edit them, report and produce them. Temps not only book the guests heard in interviews, they often write the questions the hosts ask the guests. And there are a lot of them. According to union representatives,between 20 and 22 percent of NPR's 483 union-covered newsroom workforce -- or 1 in 5 people -- are temp workers. The number varies week to week as temps come and go.... Temps were often left in the dark about how long their assignments would last, how much they'd be paid, who they were reporting to, or what their title is. They also said they received little feedback from supervisors after completing an assignment, and were 'routinely' overlooked in NPR's recruiting efforts." ...

     ... Mrs. McCrabbie: So if you're wondering why NPR's segments so often suck, it might be because the producer is a 21-year-old "communications" major, the reporter is a 22-year-old Liberty U. grad, & they're both making SAG-AFTRA minimum wage in a high-COL city.

Beyond the Beltway

North Carolina. Follow the $. E.A. Crunden of ThinkProgress: "Controversy surrounding election fraud in North Carolina's 9th district increased this weekend as questions surfaced about campaign debts owed by Mark Harris, the Republican initially declared the winner in the race. According to Federal Election Commission (FEC) filings, the Harris campaign currently owes $34,310 to a political consultant employed by the Red Dome Group. The money is owed for 'Reimbursement Payment for Bladen Absentee' and 'Reimbursement Door to Door,' seemingly to Leslie McCrae Dowless, the consultant. Dowless was named Friday as a person of interest in a probe of possible absentee voter fraud.... In another twist in the saga..., a Democrat-funded PAC may have also been involved in a separate case of illegal absentee voter practices in the same county." --s (Also linked yesterday afternoon.)

Virginia. Ian Millhiser of ThinkProgress: "Virginia's House of Delegates is one of the most gerrymandered bodies in the country. In 2017, Democrats won the statewide popular vote in Virginia's legislative races by over nine percentage points. Nevertheless, Republicans still held a 51-49 majority in the House of Delegates, thanks to gerrymandering. But Virginia Democrats may actually get to compete in something approximating free and fair elections next year, thanks to a pair of documents handed down by a federal court on Friday.... While it remains to be seen what the final maps will look like, the current maps are so egregiously gerrymandered than any alterations are likely to benefit the Democratic Party. And that, in turn, raises the possibility that the increasingly blue state of Virginia could become a haven for progressive ideas." --s (Also linked yesterday.)

Wisconsin. H. Claire Brown of The Intercept: "[In the GOP last minute power grab,] buried under controversial moves to curtail early voting and strip authority from Gov.-elect Tony Evers is a sweeping codification of welfare restrictions that Republicans across the country have long sought. The new legislation enshrines in state law outgoing Gov. Scott Walker's controversial policy of forcing many food stamp applicants to submit to drug testing. It also limits the incoming administration's ability to walk back the state's strict new work requirements for aid recipients. After Walker's approval, Wisconsin will be the only state that requires drug testing for non-felon food stamp applicants." --s (Also linked yesterday.)

Way Beyond

BBC: "The [House of] Commons vote on Tuesday [on Theresa May's Brexit plan] will not be delayed, the Brexit Secretary has said, amid growing calls for the PM to go back to Brussels to renegotiate. Stephen Barclay also said Theresa May could stay in post if, as expected, MPs reject her Brexit plan. The PM has warned Tory rebels it could lead to a general election, and there was a 'very real risk of no Brexit'.... The withdrawal deal negotiated between the UK and EU has been endorsed by EU leaders but must also be backed by Parliament."

Dom Phillips of the Guardian: "An epidemic of illegal artisanal mining across the Amazon rainforest has been revealed in an unprecedented new map, pinpointing 2,312 sites in 245 areas across six Amazon countries. Called garimpo in Brazil, artisanal mining for gold and other minerals in Amazon forests and rivers has been a problem for decades and is usually illegal. It is also highly polluting: clearings are cut into forests, mining ponds carved into the earth, and mercury used in extraction is dumped in rivers, poisoning fish stocks and water supplies. But its spread has never been shown before.... In 37 cases, the groups say illegal artisanal mining took place in protected indigenous reserves, 18 of which were in Brazil." --s ...

     ... Mrs. McCrabbie: I didn't know what "artisanal mining" was. "Artisanal" sounds so traditional and sweet and, you know, artsy like hand-thrown pottery, delicious bread & small-production, organic wines. So I looked it up: it's small-scale mining by independent miners, like hobbyists panning for gold. Apparently "artisanal miners" are not so into leaving their work sites as they found them.

News Ledes

New York Times: "Evelyn Berezin, a computer pioneer who emancipated many a frazzled secretary from the shackles of the typewriter nearly a half-century ago by building and marketing the first computerized word processor, died on Saturday in Manhattan. She was 93."

Weather Channel: "Wide swaths of the Carolinas, Georgia and Tennessee woke up to power outages Sunday morning as Winter Storm Diego continued to dump snow and ice across the Southeast. Later in the day, the snow started falling in parts of Virginia. One person was killed when a tree fell on a car Sunday afternoon in Matthews, North Carolina...."

Saturday
Dec082018

The Commentariat -- December 9, 2018

Late Morning Update:

Michael Burke of the Hill: "Rep. Adam Schiff (D-Calif.) on Sunday said that President Trump might 'face the real prospect of jail time' after prosecutors indicated last week that he directed illegal payments during his 2016 presidential campaign." ...

... Martin Matishak of Politico: "Rep. Jerry Nadler (D-N.Y.) on Sunday said that if accusations that ... Donald Trump directed illegal payments during his campaign are true that it would 'certainly' be an impeachable offense, but stopped short of saying such action would be taken. 'They would be impeachable offenses. Whether they're important enough to justify an impeachment is a different question,' Nadler, the incoming chairman of the House Judiciary Committee, said on CNN's 'State of the Union.'"

Megan Keller of the Hill: "Former New Jersey Governor Chris Christie (R) said Sunday that the language federal prosecutors are using to refer to President Trump in an indictment against Michael Cohen makes it sound as if they might have corroborating evidence that the president violated campaign finance law."

Quinn Scanlan of ABC News: "Republican Sen. Marco Rubio said repeatedly that ... Donald Trump pardoning former campaign chairman Paul Manafort would be a 'terrible mistake,' and that doing so could possibly 'trigger a debate about whether the pardon powers should be amended.'"

Stephanie Baker, et al. of Bloomberg: "Not long after Michael Cohen stopped pursuing a Trump-branded property project in Moscow, another Russian connection to the future U.S. president's entourage started to form. Like the real estate plan, it didn't end well -- particularly for Russian tycoon Viktor Vekselberg. His effort to engage in statecraft at the highest level unraveled spectacularly, costing him billions, cleaving his family and severing the extensive ties to the U.S. elite that turned him into what one Moscow newspaper called the 'most American' of Vladimir Putin's plutocrats.... Instead, he became the richest victim of the most dangerous standoff between the U.S. and Russia since the Cold War." --s

Nervous Breakdown at the Wingnut Corral. Elham Khatami of ThinkProgress: "Conservative pastor E.W. Jackson went on a six-minute Islamophobic rant on his radio show Wednesday, telling listeners that Muslims are 'going to turn Congress into an institution of Sharia law.' Jackson was speaking specifically about Rep.-elect Ilhan Omar (D-MN), who, along with Rashida Tlaib (D-MI), are set to become the first Muslim women elected to Congress.... 'Floor of Congress is now going to look like a, it's going to look like an Islamic republic.'... Late Thursday evening, Omar clapped back, tweeting that Jackson is 'gonna have to just deal.' 'Well sir,' she said, 'the floor of Congress is going to look like America....'" --s

Jamiles Larty of the Guardian: "This year has been by far the worst on record for gun violence in schools, the advocacy group Sandy Hook Promise said, citing research by the US Naval Postgraduate School (NPS). The NPS Center for Homeland Defense and Security counted 94 school shooting incidents in 2018, a near 60% increase on the previous high, 59, an unwanted record set in 2006. The NPS database goes back to 1970 and documents any instance in which a gun is 'brandished, is fired, or a bullet hits school property for any reason', regardless of the number of victims or the day of the week.... In response to the NPS findings and to mark the sixth anniversary of Sandy Hook, on 14 December, Sandy Hook Promise will release a jarring public service announcement [video]." --s

North Carolina. Follow the $. E.A. Crunden of ThinkProgress: "Controversy surrounding election fraud in North Carolina's 9th district increased this weekend as questions surfaced about campaign debts owed by Mark Harris, the Republican initially declared the winner in the race. According to Federal Election Commission (FEC) filings, the Harris campaign currently owes $34,310 to a political consultant employed by the Red Dome Group. The money is owed for 'Reimbursement Payment for Bladen Absentee' and 'Reimbursement Door to Door,' seemingly to Leslie McCrae Dowless, the consultant. Dowless was named Friday as a person of interest in a probe of possible absentee voter fraud.... In another twist in the saga..., a Democrat-funded PAC may have also been involved in a separate case of illegal absentee voter practices in the same county." --s

Virginia. Ian Millhiser of ThinkProgress: "Virginia's House of Delegates is one of the most gerrymandered bodies in the country. In 2017, Democrats won the statewide popular vote in Virginia's legislative races by over nine percentage points. Nevertheless, Republicans still held a 51-49 majority in the House of Delegates, thanks to gerrymandering. But Virginia Democrats may actually get to compete in something approximating free and fair elections next year, thanks to a pair of documents handed down by a federal court on Friday.... While it remains to be seen what the final maps will look like, the current maps are so egregiously gerrymandered than any alterations are likely to benefit the Democratic Party. And that, in turn, raises the possibility that the increasingly blue state of Virginia could become a haven for progressive ideas." --s

Wisconsin. H. Claire Brown of The Intercept: "[In the GOP last minute power grab,] buried under controversial moves to curtail early voting and strip authority from Gov.-elect Tony Evers is a sweeping codification of welfare restrictions that Republicans across the country have long sought. The new legislation enshrines in state law outgoing Gov. Scott Walker's controversial policy of forcing many food stamp applicants to submit to drug testing. It also limits the incoming administration's ability to walk back the state's strict new work requirements for aid recipients. After Walker's approval, Wisconsin will be the only state that requires drug testing for non-felon food stamp applicants." --s

*****

Michael Shear & Julie Davis of the New York Times: "John F. Kelly, the retired Marine general tapped as chief of staff by President Trump last year to bring order to his chaotic White House, will leave the job by the end of the year, Mr. Trump said on Saturday, the latest departure from the president's inner circle after a bruising midterm election for his party. Mr. Trump, speaking with reporters on the White House lawn before departing for the Army-Navy football game in Philadelphia, said that he would announce a replacement for Mr. Kelly &-- perhaps on an interim basis -- in the next day or two." (Also linked yesterday afternoon.) ...

... Good-bye & Good Riddance. David Graham of the Atlantic: "The essential moment for understanding Kelly came in October 2017. After several American soldiers were killed in a raid in Niger, Trump used the occasion to attack former President Barack Obama's handling of condolence letters for slain service members. Trump cited the combat death of Kelly's own son.... Some pundits expected Kelly to rebuke Trump. Instead, Kelly staunchly defended him. He also attacked Representative Frederica Wilson, who had provided a damning account of Trump's phone call to Myeisha Johnson, the widow of slain Sergeant La David Johnson. When video evidence debunked Kelly's attack on Wilson, the White House said that it was inappropriate to question the chief of staff, because he is a veteran.... [Mrs. McC: And Kelly refused to apologize to Wilson for falsely smearing her with false accusations.] The episode ... showed that the gulf between Kelly and Trump wasn't as large as many analysts had assumed. Kelly was always a Trumpist in ideology -- reflexively nostalgic for the past, committed to old-fashioned gender roles, skeptical of cultural change, and strongly anti-immigration. The difference between the men was largely about style and approach, not substance." Read on. Graham also goes into Kelly's appalling performance in the Rob Porter fiasco.

     ... Mrs. McCrabbie: There have been so many White House scandals, one cannot keep them all in mind. But Kelly's mistreatment of a black congresswoman, in contrast to his support for a white male wife-beater, is the measure of the man. His chestful of medals tells us he might have been heroic once upon a time, but by the time he got to Trump's place, he had shriveled to an evil gnome.

This Russia Thing, Etc., Ctd.

Mother Jones: "The House Judiciary and Oversight committees have released a transcript from Friday's closed-door hearing of former Federal Bureau of Investigation Director James Comey. The hearing was part of a Republican-led investigation into the FBI's actions during the 2016 presidential election, which included investigations of Hil[l]ary Clinton's email server and Russia's involvement in the Trump campaign. Comey, who was fired by ... Donald Trump in May 2017, has since called the hearing a 'desperate attempt to find anything that can be used to attack the institutions of justice investigating this president.'" Mrs. McC: The story, which is brief, includes a copy of the transcript. It's Saturday evening, & several other outlets have equally brief reports, noting only that the transcript has been released as part of a deal reached between Comey & House Republicans. I'll look for some reporting & analysis Sunday. ...

     ... Update. Eric Tucker, et al., of the AP: "The FBI's counterintelligence investigation into potential ties between the Trump campaign and Russia initially focused on four Americans and whether they were connected to Russian efforts to interfere in the 2016 presidential election, former FBI Director James Comey told lawmakers during hours of closed-door questioning. Comey did not identify the Americans but said ... Donald Trump, then the Republican candidate, was not among them. He also told the House Judiciary Committee that, contrary to Trump's claims, he was 'not friends in any social sense' with special counsel Robert Mueller, who is now leading the Russia investigation. Trump has repeatedly portrayed the men as close as part of a long-running effort to undermine the investigation and paint the lead figures in the probe as united against him.... The questioning largely centered on well-covered territory from a Justice Department inspector general report, Comey's own book and interviews and hours of public testimony on Capitol Hill." ...

     ... Comey Is Still Sure He Was Right to Interfere in the 2016 Election. Karoun Demirjian & Matt Zapotosky of the Washington Post: "Comey was asked frequently about whether the president obstructed justice when Trump fired him last year. An FBI lawyer sought to block him from answering a question about a memo Deputy Attorney General Rod J. Rosenstein wrote supporting the termination, saying it 'goes to the special counsel's investigation into obstruction.' That seems to offer public confirmation from law enforcement that such a probe exists. When it came to questions about his own conduct..., Comey was loath to take any blame. Several Democrats asked whether he had erred in superseding then-Attorney General Loretta E. Lynch to declare the Clinton probe closed -- and then informing Congress just days before the 2016 election that it had been reopened. Comey responded by criticizing Lynch's decision not to recuse herself from the investigation and said the timing of his decision to write to Congress had been approved by subordinates. Asked whether he regretted not following normal Justice Department protocol, Comey said, 'I don't' and disputed that he had done so. 'I still think the other alternative was worse,' Comey said, echoing a rationale he has expressed in public. 'And as between bad and worse, I had to choose bad.'"

Eric Tucker, et al., of the AP: "Just before leaving Washington on Saturday afternoon for the Army-Navy game in Philadelphia, Trump told reporters 'we're very happy with what we are reading because there was no collusion whatsoever. There never has been. The last thing I want is help from Russia on a campaign.' Trump described the investigation as a 'very one-sided situation, but I think it's all turning around very nicely. As far as the reports that we see, according to everybody I've spoken to, I have not read it, there's absolutely no collusion, which is very excellent.' The court documents make clear how witnesses previously close to Trump ... have since provided damaging information about him...."

Peter Baker & Nicholas Fandos of the New York Times: "The prosecutors made clear in a sentencing memo filed on Friday that they viewed efforts by Mr. Trump's former personal lawyer, Michael D. Cohen, to squelch the stories as nothing less than a perversion of a democratic election -- and by extension they effectively accused the president of defrauding voters, questioning the legitimacy of his victory. On Saturday, Mr. Trump dismissed the filings, and his lawyer, Rudolph W. Giuliani, minimized the importance of any potential campaign finance violations. Democrats, however, said they could lead to impeachment."

John Dean Drops the "I"-Word. Michael Brice-Saddler of the Washington Post: "John Dean, a White House counsel under President Richard M. Nixon who received jail time for his role in the Watergate scandal, said Friday that allegations against President Trump detailed in new court filings give Congress 'little choice' other than to begin impeachment proceedings." ...

... Cleve Wootson of the Washington Post: "Trump tweeted that the [Mueller] investigation 'Totally clears the President. Thank you!' But [George] Conway [-- husband of Kellyanne --] was among the most vocal in pointing out how wrong the phrase 'totally clears the president' is. 'Except for that little part where the US Attorney's Office says that you directed and coordinated with Cohen to commit two felonies. Other than that, totally scot-free....'... Conway then proceeded to spend the rest of his Friday night focusing his Twitter on the Trump-as-potential-felon theme. He retweeted a link from satirical site the Onion:'Giuliani Insists Breaking the Law Not a Crime.' He shared a Nixon-era headline 'President: "I'm not a crook," retweeting presidential historian Michael Beschloss's analysis: 'What's old is new again.' He also retweeted former acting solicitor general Neal Katyal, who said 'The real news ... is about the conclusion by federal prosecutors that Donald J. Trump has committed a serious felony.'... [And one] from Preet Bharara, the fired U.S. attorney from the Southern District of New York:'Inspiring reminder: In America anyone can grow up and become Individual-1.'... Even Conway's correct spelling of 'scot-free' may have been a dig at Trump and his head-scratching use of the phrase 'Scott Free' earlier in the week."

Mrs. McCrabbie: I haven't found this expressed in writing anywhere, but I did hear an MSNBC pundit (and I'm sorry, but I don't know who) suggest that the harsh sentence the SDNY recommended for Michael Cohen was a kind of proffer to Cohen; that is, a means to "persuade" him to be more cooperative. That's something to keep in mind.

** Chas Danner of New York: "Trump himself quickly asserted that the new information 'totally clears' him of wrongdoing, and added on Saturday that 'we're very happy with what we are reading because there was no collusion whatsoever.' We don't know what Trump and his advisers are reading, but here is a running roundup of the most insightful commentary and analysis we've read on the memos -- from experts and pundits who actually understand them." ...

... Max Bergmann & Sam Berger in The Daily Beast: "Mueller may still be only showing us part of his hand, but it's a damn good hand. He has signalled to us he's found collusion. He has shown us that the president is compromised. He has told us that he has gathered information important to his investigation about contacts with people in the Trump Organization, the campaign, the transition, and even the White House. That's everyone Trump has been connected with since he started running.... Mueller is coming.... Not simply for obstructing justice but for conspiring with a hostile foreign power to win an election. This is a scandal unlike any America has ever seen." --s (Also linked yesterday afternoon.) ...

     ... Mrs. McCrabbie: Here's the crux of Bergmann & Berger's analysis: "Russia not only knew that Trump was lying, but when investigators first started looking into this deal, the Kremlin helped Trump cover up what really happened. That made Trump doubly compromised: first, because he was eager to get the financial payout and second because Russia had evidence he was lying to the American people -- evidence they could have held over Trump by threatening to reveal at any time. Since the president's embarrassing performance at the Helsinki summit with Vladimir Putin ... there has been open speculation about what leverage the Kremlin has over him. Now we know at least part of the picture...." ...

... ** Adam Davidson of the New Yorker: "In a series of filings that came Friday night, the office of the special counsel Robert Mueller, and a separate group of federal prosecutors in the Southern District of New York, laid out evidence that, taken together, leaves little doubt that Donald Trump sought to use his candidacy to enrich himself by approving a plan to curry political favor from Vladimir Putin in exchange for a lucrative real-estate opportunity. It may be only part of the full story, but what we now know is a powerful tale that combines elements that are familiar from other Trumpworld scandals. It is, at once, shockingly corrupt, blatantly unethical, probably illegal, yet, at the same time, shabby, small, and ineptly executed. Combined with another memo released on Friday -- a more sparsely informative sentencing memo for Paul Manafort -- we are seeing the inner workings of a coördinated conspiracy conducted by people who are very, very bad at conspiracy." ...

... Ken White in the Atlantic: "Federal prosecutors filed three briefs late on Friday portending grave danger for three men: the former Trump campaign chair Paul Manafort, the former Trump fixer Michael Cohen, and ... Donald Trump.... The brief [on Manafort] oozes a level of confidence notable even among professionally hubristic prosecutors: Mueller says he's ready to present witnesses and documents, and that he gave Manafort's lawyers an opportunity to refute the evidence but they could not. Mueller is sure he has the receipts.... The [SDNY] prosecutors' rebuttal of Cohen's sentencing brief is one of the more livid denunciations I've seen in more than two decades of federal criminal practice.... If the Southern District's fury at Cohen is notable, its explicit accusation that President Trump directed and coordinated campaign-finance violations is simply stunning.... Most significant [in Mueller's brief on Cohen], the special counsel indicates that Cohen 'described the circumstances of preparing and circulating his response to the congressional inquiries, while continuing to accept responsibility for the false statements within it.' That statement suggests that the special counsel believes that someone in the Trump administration knew of, and approved in advance, Cohen's lies to Congress. That's explosive, and potentially impeachable if Trump himself is implicated." (Also linked yesterday afternoon.) ...

... Eli Hogan in a CNN opinion piece: "President Trump and his allies have long rallied around the defiant battle cry that special counsel Robert Mueller is conducting a 'witch hunt' that has uncovered 'no collusion' with Russia. But public filings by Mueller and the Southern District of New York over the past two weeks have changed the game. We still do not know everything Mueller knows, but the contours of a broad scheme by the administration to conspire with Russia -- to the personal benefit of Trump and the detriment of the United States -- are now coming into sharper focus.... First, the evidence mounts that Trump has committed federal crimes unrelated to Russia.... The evidence also builds that Trump has attempted to obstruct justice by impeding the investigation of Russian election interference.... Second, it is increasingly clear that Trump had deep financial and political incentives to curry favor from Russia as the 2016 election approached.... Because of his own financial dealings and lies to the public, Trump gave Russia the ability to influence and potentially manipulate him.... The puzzle pieces fit together." (Also linked yesterday afternoon.) ...

... Garrett Graff of Wired: "Mueller's court filings, when coupled with other investigative reporting, paint a picture of how the Russian government, through various trusted-but-deniable intermediaries, conducted a series of 'approaches' over the course of the spring of 2016 to determine, as [Lawfare's Benjamin] Wittes says, whether 'this is a guy you can do business with.' The answer, from everyone in Trumpland -- from Michael Cohen in January 2016, fromGeorge Papadopoulos in spring 2016, from Donald Trump Jr. in June 2016, from Michael Flynn in December 2016 -- appears to have been an unequivocal 'yes.'" ...

     ... Mrs. McCrabbie: And that's the crux of it, isn't it? Trump's "no collusion!" protestation is the Lie of the Year. A more accurate portrayal of what was going on all during the campaign & into the transition period was "all collusion, all the time." The fact that Trump perpetuated lie after lie about his dealings with Russia, even as he continued to curry favor with Putin, demonstrates a pattern of treacherous, impeachable behavior more egregious than Nixon's domestic crimes. Even a person who agrees with Nixon's view that "when the president does it..., it is not illegal," would not extend that dictum to cover secret conspiracies with hostile nations.

... Timothy O'Brien of Bloomberg: "Trump's name isn't in any of the unredacted portions of the Manafort sentencing memo but his presence looms large in all of the court filings since both Manafort and Cohen worked for him. In a taste of what might still be coming, CNN reported earlier on Friday that one of the president's ersatz lawyers, Rudy Giuliani, said Mueller's team told Manafort that Trump was lying when he said he didn't know about a 2016 Trump Tower meeting Donald Trump Jr. arranged with a Russian attorney offering compromising information about Hillary Clinton. Manafort was present at that meeting, along with the president's son-in-law and current White House adviser, Jared Kushner.... In addition to noting Cohen's willingness to sacrifice his accountant to save himself, the Manhattan prosecutors also take issue with the idea that Cohen's cooperation emerged from some a newfound sense of duty.... They plainly state that Cohen cooperated to save his hide and avoid a harsher penalty." (Also linked yesterday afternoon.) ...

... Dana Milbank: "That Trump is fundamentally lawless can no longer be seriously disputed. His own prosecutors now say he took part in a crime -- and his former secretary of state says Trump had little concern about what was legal.... Trump has floated the idea that he could unilaterally end the constitutional protection of birthright citizenship, and his administration has toyed with implementing a $100 billion capital-gains tax cut without Congress, and sharing census citizenship information with law enforcement officials.... When courts push back on his lawlessness, Trump treats judges as political opponents.... On Friday, White House press secretary Sarah Sanders said the latest filings 'tell us nothing of value that wasn't already known.' That's true in the sense that recent findings essentially corroborate much of the 2016 'dossier&' by former spy Christopher Steele -- declared fraudulent by Trump -- and its reports of extensive, compromising interactions between the Trump campaign and cronies of Russian President Vladimir Putin."

... All that said ....,

... Ian Millhiser of ThinkProgress: "[T]he likelihood that Trump will experience any consequences for his actions -- even if there is ironclad proof that Trump committed very serious crimes -- is close to zero so long as Trump occupies the White House. Simply put, the framers of our Constitution had no idea how politics actually work. And that left us with a Constitution that offers no good remedies against a criminal president." --s (Also linked yesterday afternoon.) ...

     ... Mrs. McCrabbie: Millhiser argues, "If you think that 20 Republicans are going to vote to remove a president who still has an 89 percent approval rating among Republican voters, then I hope you've been comfortable living under a rock for the last two years.... The framers simply did not anticipate a situation where a political party would organize to protect its criminal leader." They also did not anticipate Fox "News." But I can still envision a scenario in which the House impeaches Trump and several Republican senators -- fewer than 20 -- vote to convict him. Impeachment & near-conviction would severely weaken a president who already does little more than send the Federalist Society's noxious judicial nominations up to the Senate for confirmation. Nancy Pelosi may be third in the line of presidential succession according to the Constitution, but a weakened Trump & a dingbat veep would leave Mitch McConnell as the effective head of the U.S. government. In fact, one could argue he has already donned that mantle (see Sam Fulwood's story, linked below, and don't forget Merrick Garland). ...

... To wit. Robert Costa & Philip Rucker of the Washington Post: "A growing number of Republicans fear that a battery of new revelations in the far-reaching Russia investigation has dramatically heightened the legal and political danger to Donald Trump's presidency -- and threatens to consume the rest of the party, as well.... The White House is adopting what one official termed a 'shrugged shoulders' strategy for the Mueller findings, calculating that most GOP base voters will believe whatever the president tells them to believe. But some allies fret that the president's coalition could crack apart under the growing pressure. Stephen K. Bannon, the former Trump strategist..., predicted 2019 would be a year of 'siege warfare' and cast the president's inner circle as naively optimistic and unsophisticated. 'The Democrats are going to weaponize the Mueller report and the president needs a team that can go to the mattresses,' Bannon said. 'The president can't trust the GOP to be there when it counts ... The don't feel any sense of duty or responsibility to stand with Trump.'"

Mrs. McCrabbie: A week or two ago, a contributor suggested Trump would not run for re-election because he hates the job. Eric Levitz of New York posits the same reason I think Trump is likely to run: it's his get-out-of-jail card. Trump may hate to do his daily chores, but he does as few of them as possible anyway. He may think the White House is a bland dump, but it beats Paul Manafort's digs.

This Saudi Thing, Ctd.

How Mohammed Wooed Jared. David Kirkpatrick, et al., of the New York Times examine the relationship between Jared Kushner & Crown Prince Mohammed bin Salman of Saudi Arabia." (Also linked yesterday afternoon.)

Samuel Oakwood & Ryan Goodman in the Atlantic: "... Donald Trump, who repeatedly complains that the United States is paying too much for the defense of its allies, has praised Saudi Arabia for ostensibly taking on Iran in the Yemen war. It turns out, however, that U.S. taxpayers have been footing the bill for a major part of the Saudi-led campaign.... Since the start of the Saudi-led intervention, in March 2015, and up until last month, the United States provided mid-air refueling for Saudi-led coalition aircraft that then flew missions related to the Yemen campaign. Getting heavy U.S. tankers into the air and carrying out this job is enormously expensive. The recipient country is required by law to pay the costs, but that isn't what happened here. In a mea culpa of sorts, the Pentagon's November 27 letter states that while the Defense Department 'believed' Saudi Arabia and the United Arab Emirates 'had been charged for the fuel and refueling services, they in fact had not been charged adequately.' How inadequately, the Pentagon will not yet say; it is 'currently calculating the correct charges,' the letter states.... The Pentagon's letter says that it reached these conclusions after Senator Jack Reed, the top Democrat on the Senate Armed Services Committee, made a specific request for information." ...

     ... Mrs. McCrabbie: BUT it's okay because (a) "if the president does it, it's not illegal"; (b) Jared likes M.B.S.; & (c) starving Yeminis is a necessary byproduct of "America First."


Lee Fang
of The Intercept: "President Donald Trump's pick to serve as his next attorney general, William Barr, pushed repeatedly to expand the role of the military [abroad] to strike drug traffickers during his last stint at the Justice Department, while serving in President George H.W. Bush's administration.... Barr called the failure to ramp up the drug war the 'biggest frustration' he faced.... In 1992, Barr signed off on a book titled 'The Case for More Incarceration,' writing that the nation must 'identify, target, and incapacitate those hardened criminals who commit staggering numbers of violent crimes whenever they are on the streets.'" --s (Also linked yesterday afternoon.)

But the Emails! Emily Holden of the Guardian: "Donald Trump's first Environmental Protection Agency (EPA) administrator [Scott Pruitt] repeatedly violated agency policy [over a period of months] to use personal email for government business, according to newly released public records.... Using personal rather than government email shields messages from public records requests and can put sensitive information at risk.... Others in the administration, including the president's daughter Ivanka Trump, have used personal email accounts for work.... In response to a previous request, the EPA had officially released just one message Pruitt wrote to anyone outside the agency during his first 10 months in office. His emails offer a new look at his close relationships with influential conservatives." --s (Also linked yesterday afternoon.)

Sam Fulwood III of ThinkProgress: "True to the form of our hyper-dysfunctional politics, [Mitch] McConnell is openly defying the president as well as a large contingent of GOP senators by refusing to bring the measure [on criminal justice reform] to a vote before the current session ends. The irony of McConnell's spiking the only idea that has a sliver of merit from the White House is a bright-line example of just how dysfunctional Congress has become. Even though this criminal reform legislation is favored by President Donald Trump and key White House insiders, a significant number of GOP lawmakers, and nearly all of the Democrats in Congress, its chances of passage are doomed because the Senate's top Republican doesn't like the bill." --s (Also linked yesterday afternoon.)

** Sharon Lerner of The Intercept: "A new water rule will greatly reduce federal water protections, imperiling drinking water, endangered species, and ecosystems across the country. According to the rule that the Environmental Protection Agency is expected to release next week -- some details of which were leaked Thursday -- streams that are dependent on rainfall and wetlands not physically connected to year-round waterways will no longer be covered by the Clean Water Act. As a result of the change, an estimated 60-90 percent of U.S. waterways could lose federal protections that currently shield them from pollution and development, according to Kyla Bennett, director of science policy at Public Employees for Environmental Responsibility.... By removing water quality standards and permitting requirements, the rule will open these streams, rivers, and wetlands to being paved over, filled in, or polluted." --s (Also linked yesterday.)

"I wouldn't be as big as I am today without chocolate milk." -- Ag Secretary Sonny Perdue, "justifying" the lowering of school lunch standardsWhat's Next? Wonder Bread & Kool-Aid? Julia Jacobs of the New York Times: "This week, the United States Department of Agriculture announced its final plans to lower nutrition standards for grains, flavored milks and sodium in school cafeterias that were part of the Healthy, Hunger-Free Kids Act of 2010 and that Michelle Obama, the former first lady, had advocated."

Election 2018

Michigan, Etc. Emma Roller of The Intercept: "Wisconsin isn't the only state where Republicans have been ramping up efforts to negate the will of voters -- it's becoming part of the GOP's regular playbook. In Michigan, a lame-duck push by the GOP is also seeking to neuter incoming Democratic elected officials. The same thing happened in North Carolina in 2016.... Republicans' message is consistent: If elections don't go the way they want, then they have no intention of respecting the results. In their minds, voters who don't support Republican candidates are illegitimate, for the simple fact that they don't support Republicans. This circular thinking isn’t an aberration within the GOP -- it's the foundation for all of their machinations. And more naked power grabs like this are sure to come in the next two years, as Republicans continue to feel their popular support slip out from under them." --s (Also linked yesterday afternoon.)

North Carolina. Popular Information: "The election scandal engulfing North Carolina's 9th district, where Republican Mark Harris leads Democrat Dan McCready by 905 votes, took an unusual turn on Friday night. Jens Lutz, the Vice Chair of the Bladen County Board of Elections abruptly resigned, WBTV reports.... Why? We don't know for sure but it may be related to his extensive connections to Leslie McCrae Dowless, the convicted felon at the center of the election fraud scandal in the 9th District." (Also linked yesterday afternoon.)

Way Beyond the Beltway

Adam Nossiter, et al., of the New York Times: "A fourth weekend of antigovernment protests in France turned violent again on Saturday, with demonstrators in Paris burning cars and ripping down barricades from store fronts, while the riot police fired tear gas and water cannons to control the crowds. The so-called Yellow Vests descended on the capital by the thousands, even as the police turned out in force, blocking off roads and monuments. Nearly 1,400 people were arrested nationwide. In Paris, many were detained before they could even reach the central site of the demonstrations along Paris’s main artery, the Champs-Élysées."

Natalie Lung of Bloomberg: "China’s trade surplus with the U.S. hit a record in November, even as overall export growth slowed amid waning global demand and uncertainty about a constructive resolution to the trade war." --s (Also linked yesterday afternoon.)

News Lede

CNN: "Treacherous driving conditions and canceled flights could keep residents stuck at home for days as a nasty mix of snow and ice grip the Southeast. 'Over 20 million people are under winter weather alerts, over 8 million people are under a flash flood threat, and over 9 million people are under wind advisories,' CNN meteorologist Haley Brink said Sunday.... More than 12 inches of snow will fall Sunday in the southern and central Appalachians, the National Weather Service said. Snowfall could total 12 to 20 inches over the Appalachians and into the Carolinas by Monday, when the storm is expected to move off the coast, the agency said."

Friday
Dec072018

The Commentariat -- December 8, 2018

Afternoon Update:

Michael Shear & Julie Davis of the New York Times: "John F. Kelly, the retired Marine general tapped as chief of staff by President Trump last year to bring order to his chaotic White House, will leave the job by the end of the year, Mr. Trump said on Saturday, the latest departure from the president's inner circle after a bruising midterm election for his party. Mr. Trump, speaking with reporters on the White House lawn before departing for the Army-Navy football game in Philadelphia, said that he would announce a replacement for Mr. Kelly -- perhaps on an interim basis -- in the next day or two."

Max Bergmann & Sam Berger in The Daily Beast: "Mueller may still be only showing us part of his hand, but it's a damn good hand. He has signalled to us he's found collusion. He has shown us that the president is compromised. He has told us that he has gathered information important to his investigation about contacts with people in the Trump Organization, the campaign, the transition, and even the White House. That's everyone Trump has been connected with since he started running.... Mueller is coming.... Not simply for obstructing justice but for conspiring with a hostile foreign power to win an election. This is a scandal unlike any America has ever seen." --s ...

... Ken White in the Atlantic: "Federal prosecutors filed three briefs late on Friday portending grave danger for three men: the former Trump campaign chair Paul Manafort, the former Trump fixer Michael Cohen, and ... Donald Trump.... The brief [on Manafort] oozes a level of confidence notable even among professionally hubristic prosecutors: Mueller says he's ready to present witnesses and documents, and that he gave Manafort's lawyers an opportunity to refute the evidence but they could not. Mueller is sure he has the receipts.... The [SDNY] prosecutors' rebuttal of Cohen's sentencing brief is one of the more livid denunciations I've seen in more than two decades of federal criminal practice.... If the Southern District's fury at Cohen is notable, its explicit accusation that President Trump directed and coordinated campaign-finance violations is simply stunning.... Most significant [in Mueller's brief on Cohen], the special counsel indicates that Cohen 'described the circumstances of preparing and circulating his response to the congressional inquiries, while continuing to accept responsibility for the false statements within it.' That statement suggests that the special counsel believes that someone in the Trump administration knew of, and approved in advance, Cohen's lies to Congress. That's explosive, and potentially impeachable if Trump himself is implicated." ...

... Eli Hogan in a CNN opinion piece: "President Trump and his allies have long rallied around the defiant battle cry that special counsel Robert Mueller is conducting a 'witch hunt' that has uncovered 'no collusion' with Russia. But public filings by Mueller and the Southern District of New York over the past two weeks have changed the game. We still do not know everything Mueller knows, but the contours of a broad scheme by the administration to conspire with Russia -- to the personal benefit of Trump and the detriment of the United States -- are now coming into sharper focus.... First, the evidence mounts that Trump has committed federal crimes unrelated to Russia.... The evidence also builds that Trump has attempted to obstruct justice by impeding the investigation of Russian election interference.... Second, it is increasingly clear that Trump had deep financial and political incentives to curry favor from Russia as the 2016 election approached.... Because of his own financial dealings and lies to the public, Trump gave Russia the ability to influence and potentially manipulate him.... The puzzle pieces fit together." ...

... Timothy O'Brien of Bloomberg: "Trump's name isn't in any of the unredacted portions of the Manafort sentencing memo but his presence looms large in all of the court filings since both Manafort and Cohen worked for him. In a taste of what might still be coming, CNN reported earlier on Friday that one of the president's ersatz lawyers, Rudy Giuliani, said Mueller's team told Manafort that Trump was lying when he said he didn't know about a 2016 Trump Tower meeting Donald Trump Jr. arranged with a Russian attorney offering compromising information about Hillary Clinton. Manafort was present at that meeting, along with the president's son-in-law and current White House adviser, Jared Kushner.... In addition to noting Cohen's willingness to sacrifice his accountant to save himself, the Manhattan prosecutors also take issue with the idea that Cohen's cooperation emerged from some a newfound sense of duty.... They plainly state that Cohen cooperated to save his hide and avoid a harsher penalty."

How Mohammed Wooed Jared. David Kirkpatrick, et al., of the New York Times examine the relationship between Jared Kushner & Crown Prince Mohammed bin Salman of Saudi Arabia."

But the Emails! Emily Holden of the Guardian: "Donald Trump's first Environmental Protection Agency (EPA) administrator [Scott Pruitt] repeatedly violated agency policy [over a period of months] to use personal email for government business, according to newly released public records.... Using personal rather than government email shields messages from public records requests and can put sensitive information at risk.... Others in the administration, including the president's daughter Ivanka Trump, have used personal email accounts for work.... In response to a previous request, the EPA had officially released just one message Pruitt wrote to anyone outside the agency during his first 10 months in office. His emails offer a new look at his close relationships with influential conservatives." --s

Sam Fulwood III of ThinkProgress: "True to the form of our hyper-dysfunctional politics, [Mitch] McConnell is openly defying the president as well as a large contingent of GOP senators by refusing to bring the measure [on criminal justice reform] to a vote before the current session ends. The irony of McConnell's spiking the only idea that has a sliver of merit from the White House is a bright-line example of just how dysfunctional Congress has become. Even though this criminal reform legislation is favored by President Donald Trump and key White House insiders, a significant number of GOP lawmakers, and nearly all of the Democrats in Congress, its chances of passage are doomed because the Senate's top Republican doesn't like the bill." --s

Ian Millhiser of ThinkProgress: "[T]he likelihood that Trump will experience any consequences for his actions -- even if there is ironclad proof that Trump committed very serious crimes -- is close to zero so long as Trump occupies the White House. Simply put, the framers of our Constitution had no idea how politics actually work. And that left us with a Constitution that offers no good remedies against a criminal president." --s

Lee Fang of The Intercept: "President Donald Trump's pick to serve as his next attorney general, William Barr, pushed repeatedly to expand the role of the military [abroad] to strike drug traffickers during his last stint at the Justice Department, while serving in President George H.W. Bush's administration.... Barr called the failure to ramp up the drug war the 'biggest frustration' he faced.... In 1992, Barr signed off on a book titled 'The Case for More Incarceration,' writing that the nation must 'identify, target, and incapacitate those hardened criminals who commit staggering numbers of violent crimes whenever they are on the streets.'" --s

** Sharon Lerner of The Intercept: "A new water rule will greatly reduce federal water protections, imperiling drinking water, endangered species, and ecosystems across the country. According to the rule that the Environmental Protection Agency is expected to release next week -- some details of which were leaked Thursday -- streams that are dependent on rainfall and wetlands not physically connected to year-round waterways will no longer be covered by the Clean Water Act. As a result of the change, an estimated 60-90 percent of U.S. waterways could lose federal protections that currently shield them from pollution and development, according to Kyla Bennett, director of science policy at Public Employees for Environmental Responsibility.... By removing water quality standards and permitting requirements, the rule will open these streams, rivers, and wetlands to being paved over, filled in, or polluted." --s

Popular Information: "The election scandal engulfing North Carolina's 9th district, where Republican Mark Harris leads Democrat Dan McCready by 905 votes, took an unusual turn on Friday night. Jens Lutz, the Vice Chair of the Bladen County Board of Elections abruptly resigned, WBTV reports.... Why? We don't know for sure but it may be related to his extensive connections to Leslie McCrae Dowless, the convicted felon at the center of the election fraud scandal in the 9th District."

Emma Roller of The Intercept: "Wisconsin isn't the only state where Republicans have been ramping up efforts to negate the will of voters -- it's becoming part of the GOP's regular playbook. In Michigan, a lame-duck push by the GOP is also seeking to neuter incoming Democratic elected officials. The same thing happened in North Carolina in 2016.... Republicans' message is consistent: If elections don't go the way they want, then they have no intention of respecting the results. In their minds, voters who don't support Republican candidates are illegitimate, for the simple fact that they don't support Republicans. This circular thinking isn't an aberration within the GOP -- it's the foundation for all of their machinations. And more naked power grabs like this are sure to come in the next two years, as Republicans continue to feel their popular support slip out from under them." --s

Natalie Lung of Bloomberg: "China's trade surplus with the U.S. hit a record in November, even as overall export growth slowed amid waning global demand and uncertainty about a constructive resolution to the trade war." --s

*****

This Russia Thing, Etc., Ctd. -- Freakout Friday Edition

Benjamin Weiser, et al., of the New York Times: "Federal prosecutors on Friday mounted a scathing attack on Michael Cohen, President Trump's former lawyer, rejecting his request to avoid a prison term and saying that he had 'repeatedly used his power and influence for deceptive ends.' The prosecutors said Mr. Cohen deserved a 'substantial' prison term that would most likely amount to roughly four years. Mr. Cohen, 52, is to be sentenced in Manhattan next week for two separate guilty pleas: one for campaign finance violations and financial crimes charged by federal prosecutors in Manhattan, and the other for lying to Congress in the Russia inquiry, filed by the Office of the Special Counsel in Washington. Prosecutors in Manhattan said the crimes Mr. Cohen had committed marked 'a pattern of deception that permeated his professional life.'... In a lengthy memo to the judge, William H. Pauley III, prosecutors wrote that Mr. Cohen was motivated by 'personal greed' and had a 'rose-colored view of the seriousness of the crimes.' At the same time, the special counsel's office released its own sentencing recommendation to the judge for Mr. Cohen's guilty plea for misleading Congress..., saying he 'has gone to significant lengths to assist the Special Counsel's investigation.'" ...

     ... The story has been updated, with Sharon LaFraniere as the lead reporter & the new lede: "Federal prosecutors said on Friday that President Trump directed illegal payments to ward off a potential sex scandal that threatened his chances of winning the White House in 2016, putting the weight of the Justice Department behind accusations previously made by his former lawyer." Much better.

... Matt Zapotosky & Devlin Barrett of the Washington Post: "The special counsel's office credited Cohen with significant cooperation -- including providing 'useful information concerning certain discrete Russia-related matters core to its investigation that he obtained by virtue of his regular contact' with Trump organization executives during the campaign, as well as 'relevant and useful information concerning his contacts with persons connected to the White House during the 2017-2018 time period.' They revealed that Cohen told them of what seemed to be a previously unknown November 2015 contact from a Russian national, who claimed to be a 'trusted person' in the Russian Federation offering the campaign 'political synergy' and 'synergy on a government level.'... The Mueller memo says Cohen 'repeated many of his prior false statements' when he met with the special counsel's office in August, and it was only in a second meeting on Sept. 12, -- after he had pleaded guilty to the campaign finance charges -- that he admitted 'his prior statements about the Moscow Project had been deliberately false and misleading.'" ...

... Axios has both Cohen sentencing memos here. ...

... Owen Daugherty of the Hill: "President Trump took to Twitter late Friday afternoon, moments after court filings from special counsel Robert Mueller and federal prosectors in New York were made public, claiming the documents 'totally clear the President.' 'Totally clears the President. Thank you!' he tweeted.... Following the filings, White House press secretary Sarah Huckabee Sanders claimed that the filings revealed 'nothing of value that wasn't already known.'" Mrs. McC: So here we have the President*, writing in the third person as if the President* were Some Other Guy*, making a claim that is totally at odds with what the docs lay out about "Individual-1" who is the Same Guy as (2) Trump the tweeter & (3) "the President" named in the tweet. ...

... Mrs. McCrabbie: Not sure where Trump is today, but it's still a reality-free zone. He tweeted this morning, "AFTER TWO YEARS AND MILLIONS OF PAGES OF DOCUMENTS (and a cost of over $30,000,000), NO COLLUSION!" Actually, the Cohen sentencing memos hint very strongly at Trump's collusion with Russian officials.

... Philip Bump of the Washington Post: "The document [filed by Southern District of New York prosecutors] went further than simply articulating the punishment the government believes Cohen should receive. It also fleshed out two of those charges ... related to violations of campaign finance laws in 2016. For the first time, government prosecutors themselves directly implicated Trump in those violations -- and added new alleged evidence to bolster Cohen's culpability. At issue are the payments to two women who alleged sexual relationships with Trump prior to his running for president.... 'With respect to both payments, Cohen acted with the intent to influence the 2016 presidential election,' the filing reads. 'Cohen coordinated his actions with one or more members of the campaign, including through meetings and phone calls, about the fact, nature, and timing of the payments. In particular, and as Cohen himself has now admitted, with respect to both payments, he acted in coordination with and at the direction of Individual-1.' We know ... that 'Individual-1' is the person currently serving as president of the United States." Emphasis added. ...

... "The Department of Justice Calls Donald Trump a Felon." Jonathan Chait: "The payments ... to two women who claimed to have affairs with Trump..., according to prosecutors, were intended to influence the campaign, and thereby constituted violations of campaign finance law. They have not formally charged Trump with this crime -- it is a sentencing report for Cohen, not Trump -- but this is the U.S. Department of Justice calling Trump a criminal.... The fact that he is being called a felon by the United States government is a historic step. And it is likely the first of more to come.... The special counsel sentencing recommendation for Cohen also reveals that Russian contact with the Trump campaign began as early as 2015, not the following spring. And Russians promised 'political synergy' -- which is essentially a synonym for campaign collusion -- and 'synergy on a government level.' That means a quid pro quo in which Russia would help Trump win the election and Trump, if elected, would give Russia favorable policy. This is the heart of Mueller's very much ongoing investigation." ...

... Victoria Clark, et al., of Lawfare: "... the Department of Justice, speaking through the acting U.S. attorney for the Southern District of New York, is alleging that the president of the United States coordinated and directed a surrogate to commit a campaign finance violation punishable with time in prison. While the filing does not specify that the president 'knowingly and willfully' violated the law, as is required by the statute, this is the first time that the government has alleged in its own voice that President Trump is personally involved in what it considers to be federal offenses.... The memo states that Cohen's actions, 'struck a blow to one of the core goals of the federal campaign finance laws: transparency. While many Americans who desired a particular outcome to the election knocked on doors, toiled at phone banks, or found any number of other legal ways to make their voices heard, Cohen sought to influence the election from the shadows.'... One struggles to see how a document that alleges that such conduct took place at the direction of Individual-1 'totally clears the president.'"

... Tom Winter, et al., of NBC News: "Mueller's office said Cohen gave federal investigators 'relevant and useful' information about his contacts with people connected to the White House as late as this year, according to a sentencing memo the office filed. The memo says Cohen also offered a detailed account of the effort to build a Trump Tower in Moscow as well as information about Russia-related matters 'core to (the special counsel) investigation' that he obtained from Trump Organization executives. The court papers reveal for what appears to be the first time that Cohen was in contact with the Trump White House last year and this year, although it does not disclose what was discussed during that contact." ...

     ... Matt Ford of the New Republic: "Those vague descriptions [in the Mueller memo] may prompt a wave of unease among members of Trump's inner circle, many of whom have already given their version of events to federal investigators and congressional committees. Among those under the most intense scrutiny is Donald Trump Jr., a high-ranking Trump organization executive."

... One Constitutional Scholar Who's Not Too Smart. Aidan McLaughlin of Mediaite: "A very amped up Alan Dershowitz called into Fox News on Friday, following the breaking news of Michael Cohen's sentencing memo.... 'It really gives everybody a caution,' Dershowitz said of the 'harsh' sentencing recommendation for Cohen. 'Cooperating with the government is an extraordinarily risky act.' 'I think it sends a message to potential cooperators: Be a little bit wary of cooperating with this special counsel, because in the end you may not get much in exchange for your cooperation,' Dershowitz added." ...

     ... Mrs. Bea McCrabbie: Dershowitz completely mischaracterized the "lesson" to be learned from the sentencing recommendation. The SDNY memo faults Cohen for not fully cooperating & notes that Cohen made an "affirmative decision not to become a cooperator." As a result, the SDNY recommends a substantial sentence. The Mueller memo credits Cohen with significant cooperation & "does not take a position with respect to a particular sentence" but recommends "any sentence of incarceration to be served concurrently to any sentence imposed" in the New York case. Ergo, the "risky act" is the opposite of what Dershowitz asserts: the two memos, taken together, make clear that cooperation pays off. ...

... Update. As Victoria Clark & others at Lawfare write in the analysis linked above, "Cohen, the SDNY contends, did not submit to a full debriefing, and his 'efforts thus fell well short of cooperation, as that term is properly used in this District.' The SDNY prosecutors are also unimpressed with Cohen's cooperation with an investigation by the New York State Attorney General, writing that Cohen only corroborated information already known by that office and which he could have been compelled to provide anyway. Notably, in a footnote, the memo flags that Cohen was at one point considering taking the path of full cooperation but chose not to do so."

Rosalind Helderman of the Washington Post: "Special counsel Robert S. Mueller III told a judge Friday that Paul Manafort ... told 'multiple discernible lies' during interviews with prosecutors, including about his contacts with an employee who is alleged to have ties to Russian intelligence. The allegations came in a new court filing by the special counsel that pointed to some the questions prosecutors have been asking a key witness in their closely-held investigation into Russian interference in the 2016 campaign. Mueller's prosecutors filed a portion of the document under seal and redacted other key points from view. But they said that Manafort had told numerous lies in five different areas, including about his contacts with Konstantin Kilimnik, a Russian employee of Manafort's political consulting firm who prosecutors have said has Russian intelligence ties. Manafort met twice during the campaign with Kilimnik." ...

... Axios has Mueller's filing on Manafort here. ...

... Adam Rawnsley of the Daily Beast: "... Paul Manafort lied to prosecutors about direct contacts with senior Trump administration officials after he signed a plea agreement that has now collapsed, according to court papers filed Friday by special counsel Robert Mueller. 'The evidence demonstrates that Manafort had contacts with administration officials,' Mueller's team wrote in a memo outlining why he should be considered in breach of his deal. He alleged: Manafort sent a text message in May 2018 authorizing an unnamed person to speak with a Trump official on his behalf. Manafort told a colleague that he had been in touch with senior administration official through February 2018. Documents recovered from a search of Manafort's electronics reveal additional contacts with administration officials. Mueller also accused Manafort of deceiving Mueller's team about his interactions with Konstantin Kilimnik and Kilimnik's attempts to reach out to witnesses and obstruct justice on charges that the two men failed to file as foreign agents for their lobbying work. And Manafort allegedly lied about an unspecified 'investigation in another district.' In a sparse account, prosecutors say he changed his story after being presented with evidence that his earlier statements were false."

John Wagner & Devlin Barrett of the Washington Post: "President Trump said Friday that his lawyers are preparing a 'major Counter Report' in response to expected findings from special counsel Robert S. Mueller III's investigation.... Trump confirmed the plan in a spate of angry morning tweets in which also took fresh aim at Mueller and his legal team, accusing them of conflicts of interest and overzealous prosecutions that have 'wrongly destroyed people's lives.' 'We will be doing a major Counter Report to the Mueller Report,' Trump said. 'This should never again be allowed to happen to a future President of the United States!'... 'It has been incorrectly reported that Rudy Giuliani and others will not be doing a counter to the Mueller Report. That is Fake News. Already 87 pages done, but obviously cannot complete until we see the final Witch Hunt Report.'... The president's confirmation of the plan appears to have been spurred by reports that his personal lawyer, Rudolph W. Giuliani, and others were doing little to prepare to rebut Mueller, who is also looking at whether Trump has obstructed justice. Trump said 87 pages had already been written, adding, 'obviously cannot complete until we the see the final Witch Hunt report.'" See also the Atlantic & related reports linked yesterday. (Also linked yesterday afternoon.) ...

Mary Jalonick of the AP: "Former FBI Director James Comey spoke to House investigators behind closed doors for almost seven hours Friday, begrudgingly answering questions about the Justice Department's decisions during the 2016 presidential election. Comey, who appeared under subpoena, announced after the meeting that he would return for more questioning Dec. 17. Appearing annoyed, he said 'we're talking about Hillary Clinton's emails, for heaven's sake, so I'm not sure we needed to do this at all.' A transcript of the interview, expected to be released shortly, 'will bore you,' Comey said.... Republicans argue that department officials were biased against Donald Trump as they started an investigation into his campaign's ties to Russia and cleared Democrat Hillary Clinton in the probe into her email use. Comey was in charge of both investigations. Democrats have said the investigations by the House Judiciary and Oversight and Government Reform committees are merely a way to distract from and undermine special counsel Robert Mueller's Russia probe." ...

... Rebecca Morin of Politico: "Former FBI director James Comey on Friday called ... Donald Trump's attacks against the Justice Department 'deeply troubling.'... 'The president's attacks on the Justice Department broadly and the FBI are something that, no matter what political party you're in, you should find deeply troubling and continue to speak out about it, not become numb to attacks on the rule of law,' Comey told reporters after closed-door testimony with House Republicans...." ...

     ... Mrs. McCrabbie: Then again, Morin reports that "Comey praised the president's decision to nominate [William] Barr, saying 'he cares deeply about the integrity of the Justice Department.'" That's funny because, as Michael Balsamo & others of the AP report, "In a May 2017 op-ed for The Washington Post, Barr defended Trump's decision to fire FBI Director James Comey, an action Mueller has been examining for possible obstruction of justice. He was quoted two months later in a Post story as expressing concern that members of Mueller's team had contributed to Democratic candidates." I think we can agree that Comey is kind of a goofy guy. He is the prime example of why Democratic presidents (Obama, in this case) should not appoint Republicans to critical posts. Also too ...

... Jen Kirby of Vox: William "Barr was quoted in a New York Times article last November discussing the president's call to the Justice Department to investigate Hillary Clinton. When asked what he would do in that situation, Barr indicated that more evidence existed to prompt an investigation into the 'Uranium One' deal, a false theory that Clinton sold 20 percent of US uranium to Russia, than potential collusion into whether Trump's campaign colluded with Russians to sway the 2016 presidential election. 'To the extent it is not pursuing these matters, the department is abdicating its responsibility,' Barr said." ...

     ... Mrs. McCrabbie: We'll be hearing a lot more about Bill Barr as his confirmation hearings near. Like back when he was Bush I's AG & "recommended to Bush that he pardon six individuals involved in the Iran-Contra scandal, four of whom had already been convicted of lying to federal and congressional investigators about the secret illegal operation." Ben Mathis-Lilley of Slate is thinking Barr would have the same advice for President* Trump when it comes to pardoning the reprobates, mobsters & petty criminals in Trump's circle.

Evan Perez & Dana Bash of CNN: "White House chief of staff John Kelly was interviewed by special counsel Robert Mueller's team in recent months, three people with knowledge of the matter told CNN. Kelly responded to a narrow set of questions from special counsel investigators after White House lawyers initially objected to Mueller's request to do the interview earlier this summer, the sources said.... The Mueller questions to Kelly centered on a narrow set of issues in the investigation of potential obstruction of justice, chiefly Kelly's recollection of an episode that took place after new reporting emerged about how the President had tried to fire Mueller." (Also linked yesterday.)

All Fly-over Country Looks Alike. Trump just commended a law enforcement agent for his work fighting 'rival gangs, right here in St. Louis.' Members of the audience in Kansas City did a double take. -- Annie Karni of Politico, in a tweet (via New York mag)


Charlie Savage & Maggie Haberman
of the New York Times: "President Trump on Friday said he intended to nominate William P. Barr, who served as attorney general during the first Bush administration from 1991 to 1993, to return as head of the Justice Department.... Mr. Trump also announced that Heather Nauert, the chief State Department spokeswoman, is his pick to be the next ambassador to the United Nations, replacing Nikki R. Haley.... In another personnel move, John F. Kelly, the White House chief of staff, is expected to leave his post in the next few days, ending a tumultuous 16-month tenure still among the longest for a senior aide to Mr. Trump, two people with direct knowledge of the developments said Friday." See more on Barr in yesterday's links. (Also linked yesterday afternoon.) ...

... Kaitlan Collins of CNN: "John Kelly is expected to resign as White House chief of staff in the coming days, two sources familiar with the situation unfolding in the West Wing tell CNN.... Kelly and ... Donald Trump have reached a stalemate in their relationship and it is no longer seen as tenable by either party. Though Trump asked Kelly over the summer to stay on as chief of staff for two more years, the two have stopped speaking in recent days. Trump is actively discussing a replacement plan, though a person involved in the process said nothing is final right now and ultimately nothing is final until Trump announces it. Potential replacements include Nick Ayers, Vice President Mike Pence's chief of staff, who is still seen as a leading contender." (Also linked yesterday afternoon.)

When you talk about Germany, we have a very strong relationship with the government of Germany. Tomorrow is the anniversary of the D-Day invasion. We obviously have a very long history with the government of Germany, and we have a strong relationship with the government. -- Heather Nauert, June 5, 2018 ...

... Isaac Stanley-Becker of the Washington Post: "The United Nations came into existence to vanquish Germany, as 26 nations jointly pledged in 1942 not to surrender to 'savage and brutal forces seeking to subjugate the world.' Three-quarters of a century later, the woman who would soon become President Trump's pick to represent the United States at the United Nations cited the D-Day landings -- a cornerstone of this unwavering Allied pledge and the basis of the Nazi defeat on the Western Front -- to showcase the strength of German-American relations." Read on. (Also linked yesterday afternoon.) ...

... Do read Akhilleus's commentary in yesterday's thread on Nauert. (More than one post.)

Ryan Browne of CNN: "... Donald Trump is expected to name Army Chief of Staff Gen. Mark Milley to be the next chairman of the Joint Chiefs of Staff, according to two US officials. If chosen, Milley would succeed the current chairman, Gen. Joseph Dunford, whose term expires later next year. Dunford is expected to serve out his term. The chairman is the highest-ranking military officer in the country and serves as the principal military adviser to the president. Trump hinted the announcement would be coming earlier Friday when he said he would be making an announcement at the Army-Navy football game he will be attending Saturday in Philadelphia. 'I can give you a little hint: It will have to do with the Joint Chiefs of Staff and succession,' Trump told reporters at the White House before his departure for Kansas City."

Caitlin Oprysko of Politico: "Nearly nine months after his unceremonious firing by tweet, former Secretary of State Rex Tillerson is breaking his silence on his time in the Trump administration, venting that he had to repeatedly tell ... Donald Trump that what he wanted to do would violate the law. The former ExxonMobil CEO appeared at a fundraiser in Houston on Thursday evening where he sat for a conversation with CBS reporter Bob Schieffer and outlined how Trump had a 'starkly different' style from Tillerson, who said the two also did not share a 'common value system.'... The two continued to clash when Trump would test the limits of his executive power and would grow frustrated when Tillerson would inform him that he didn't have unilateral authority to do something." (Also linked yesterday afternoon.) ...

     ... Mrs. McCrabbie: Tillerson himself had no government experience prior to being named secretary of state, so in many cases, he would not have known what the limits of the law were, either. But his remarks illustrate the difference between an intelligent person & a "moron": Tillerson took the trouble to find out what he didn't know. Trump not only didn't bother to ask; he didn't want to know the answer. He just wanted to do whatever hairbrained idea he had, the law or treaties be damned. (Also linked yesterday afternoon.) ...

... Aaron Blake of the Washington Post: "'What was challenging for me coming from the disciplined, highly process-oriented Exxon Mobil corporation,' Tillerson said, was 'to go to work for a man who is pretty undisciplined, doesn't like to read, doesn't read briefing reports, doesn't like to get into the details of a lot of things, but rather just kind of says, "This is what I believe."'" (Also linked yesterday afternoon.) ...

... "You're a Moron." "No, You're a Moron." Nick Wadhams of Bloomberg: "... Donald Trump called Rex Tillerson 'dumb as a rock' and 'lazy as hell' after his former secretary of state broke his public silence and said he often had to push back against ideas that would have violated the law. Trump tweeted Friday that Tillerson 'didn’t have the mental capacity needed. He was dumb as a rock and I couldn't get rid of him fast enough. He was lazy as hell.'... With the new tweet, Trump escalated a feud that appeared to have started in October 2017, when NBC News reported that Tillerson had called Trump a 'moron.' Trump fired Tillerson -- also in a tweet -- in March of this year."

Miriam Jordan of the New York Times: "Two more immigrant women who worked at the Trump National Golf Club in New Jersey said on Friday that they were undocumented at the time and that golf course management knew it. One of the women said that she was allowed to submit fraudulent documents by the employee who interviewed her for the job. The two women's accounts came a day after a Guatemalan woman, Victorina Morales, told The New York Times that she has worked without legal status as a housekeeper at the club for the past five years.... The latest revelations from both a current employee and several former workers at the New Jersey facility mark one of the first times that such vulnerable workers have elected to speak publicly about their employment at a company owned by the Trump Organization. There is no evidence that Mr. Trump knew of their immigration status or of Ms. Morales's assertion that a manager at the golf club had helped her obtain her fraudulent work documents. But stopping the flow of illegal immigration and saving jobs for American workers has been a cornerstone of his administration, and four women have said that supervisors at the club knew they were working illegally."

Bret Stephens of the New York Times: "Lindsey Graham, the episodically spineful Republican from South Carolina, has claimed that, in private, the 45th president is 'funny as hell' and has 'a great sense of humor.' If so, it's a better kept secret than his tax returns. In public, Trump has almost no humor, even when the moment calls for it.... When Trump does make jokes, they tend to be flattering to his self-image.... Or they are cruel -- and not necessarily meant as jokes.... Trump, I suspect, isn't unfunny. He's anti-funny. Humor humanizes. It uncorks, unstuffs, informalizes. Used well, it puts people at ease. Trump's method is the opposite: He wants people ill at ease. Doing so preserves his capacity to wound, his sense of superiority, his distance. Good jokes highlight the ridiculous. Trump's jokes merely ridicule."

All the Best Confederates. Andrew Kaczynski, et al., of CNN: "Secretary of Veterans Affairs Robert Wilkie praised Confederate States President Jefferson Davis effusively in a 1995 speech, calling him a 'martyr to 'The Lost Cause'" and an 'exceptional man in an exceptional age.' Wilkie, who delivered the speech in front of a statue of Davis at the US Capitol during an event sponsored by the United Daughters of Confederacy, also said that while he was 'no apologist for the South,' viewing Confederate 'history and the ferocity of the Confederate soldier solely through the lens of slavery and by the slovenly standards of the present is dishonest and a disservice to our ancestors.'Wilkie's speech, a transcript of which ran in the United Daughters of the Confederacy Magazine, reveals his belief in the 'Lost Cause' theory of the Civil War, which portrays the Southern states who seceded as heroic and denies the central role slavery played as a cause for the conflict. A KFile review also found Wilkie attended a pro-Confederate event as recently as 2009, giving a speech on Robert E. Lee to a Maryland division of the Sons of Confederate Veterans." ...

     ... Mrs. McCrabbie: I was wondering who-all put that statue of Jefferson Davis in the Capitol building. Answer: Mississippi. Of course. The state could replace the Davis statue with a monument to someone who was not a notorious traitor, but it has not. Besides, such a patriotic move would upset Senator Cindy. ...

... ** Ed Kilgore: "I know the president thinks of the veneration of the evil racist conspiracy of the Confederacy as being just part of its admirers' 'heritage.' But you'd figure that even in his administration, the one place you'd expect to be free of nostalgia for the Lost Cause would be the VA, with its heavily minority clientele and its identification with the patriotic United States service-members who were killed and maimed by the traitorous men in grey. But maybe not." Kilgore cites passages from Wilkie's speech about Davis. "This isn't historical commemoration or even 'nostalgia' for the imagined Eden of the antebellum South. This is an example of 'neo-Confederacy,' the effort to whitewash history in the cause of present-day reactionary politics, which flourished before and during the civil rights movement and is enjoying a renaissance more recently...."

Sen. Chuck Schumer, in a Washington Post op-ed lays down his marker: "Now that Democrats will soon control one branch of Congress, President Trump is again signaling that infrastructure could be an area of compromise. We agree, but if the president wanted to earn Democratic support in the Senate, any infrastructure bill would have to include policies and funding that help transition our country to a clean-energy economy and mitigate the risks the United States already faces from climate change." (Also linked yesterday.) ...

... Eric Levitz: "Rather than trying to meet the president halfway (as has been his wont), the Senate Minority Leader has made Trump an offer he can't accept.... This is a sound approach on (at least) three levels. First, it allows Democrats to obstruct a popular policy idea [Trump's fake "infrastructure" pledge] -- by baiting Republicans into obstructing an even more popular one. Second, it sends a signal to the party's growing left flank and activist base that the Democratic leadership welcomes the former's ideas and energy. Finally, it puts 'green jobs' near the top of the next Democratic government's agenda." (Also linked yesterday afternoon.)

Vildana Hajric & Sarah Ponczek of Bloomberg: "U.S. stocks plunged, capping the worst week for the S&P 500 Index since March, as the Trump administration pressed its trade war with China and the latest batch of economic data added to concern that growth has peaked. Oil rose after OPEC agreed to cut output. The Dow Jones Industrial Average shed over 500 points Friday, bringing its decline in the abbreviated trading week to over 1,000. The S&P finished the week down 4.6 percent. The trade outlook appeared to take a negative turn after Huawei Technologies's chief financial officer was charged with conspiracy and the U.S. alleged the company violated sanctions."

Kate Conger of the New York Times: "The reasons that the United States asked the Canadian authorities to arrest a top executive of the Chinese technology company Huawei last week had been shrouded in mystery. On Friday, the details of the arrest and what led up to it came out in a Canadian courtroom. At a bail hearing in Vancouver for Meng Wanzhou, the chief financial officer of Huawei and a daughter of the company's founder, Canadian prosecutors said she was accused of fraud. The heart of the charges related to how Ms. Meng may have participated in a scheme to trick financial institutions into making transactions that violated United States sanctions against Iran, they said. Ms. Meng had 'direct involvement' with Huawei's representations to banks, said John Gibb-Carsley, an attorney with Canada's Justice Department." ...

... Jane Perlez of the New York Times: "The arrest of one of China's leading tech executives by the Canadian police for extradition to the United States has unleashed a combustible torrent of outrage and alarm among affluent and influential Chinese, posing a delicate political test for President Xi Jinping and his grip on the loyalty of the nation's elite. The outpouring of conflicting sentiments -- some Chinese have demanded a boycott of American products while others have expressed anxiety about their investments in the United States -- underscores the unusual, politically charged nature of the Trump administration's latest move to counter China’s drive for technological superiority.... The detention of Ms. Meng, the company's chief financial officer, appears to have driven home the intensifying rivalry between the United States and China in a visceral way for the Chinese establishment — and may force Mr. Xi to adopt a tougher stance against Washington, analysts said."

** Denise Lavoie of the AP: "A man who drove his car into a crowd of counterprotesters at a white nationalist rally in Virginia was convicted Friday of first-degree murder for killing a woman in an attack that inflamed long-simmering racial and political tensions across the country. A state jury rejected arguments that James Alex Fields Jr. acted in self-defense during a 'Unite the Right' rally in Charlottesville on Aug. 12, 2017. Jurors also convicted Fields of eight other charges, including aggravated malicious wounding and hit and run.... Heather Heyer, a 32-year-old paralegal and civil rights activist, was killed, and nearly three dozen others were injured. The trial featured emotional testimony from survivors who described devastating injuries and long, complicated recoveries. The far-right rally had been organized in part to protest the planned removal of a statue of Confederate Gen. Robert E. Lee. Hundreds of Ku Klux Klan members, neo-Nazis and other white nationalists -- emboldened by the election of ... Donald Trump — streamed into the college town for one of the largest gatherings of white supremacists in a decade. Some dressed in battle gear. Afterward, Trump inflamed tensions even further when he said 'both sides' were to blame...."

Weird News. Eric Levitz of New York: "Ammon Bundy is best known as a leading light of the American militia movement (a motley coalition of various different flavors of firearms enthusiasts who hate the federal government). He's famous for getting into armed standoffs with federal agents and violently occupying bird sanctuaries. His friends are the kind of folks who co-chair pro-Trump veterans groups; his father is the kind of man who says, 'I want to tell you one more thing I know about the Negro' -- and proceeds to explain why black people were 'better off as slaves.' So, this being 2018, Bundy naturally just disavowed the militia movement in solidarity with the migrant caravan, suggested that nationalism is actually the opposite of patriotism, and said that Trump's America resembles nothing so much as 1930s Germany. Last week, Bundy posted a video to Facebook in which he criticized President Trump for demonizing the Central American migrants who were traveling in a caravan to seek asylum in the United States."