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INAUGURATION 2029

Commencement ceremonies are joyous occasions, and Steve Carell made sure that was true this past weekend (mid-June) at Northwestern's commencement:

~~~ Carell's entire commencement speech was hilarious. The audio and video here isn't great, but I laughed till I cried.

CNN did a live telecast Saturday night (June 7) of the Broadway play "Good Night, and Good Luck," written by George Clooney and Grant Heslov, about legendary newsman Edward R. Murrow's effort to hold to account Sen. Joe McCarthy, "the junior senator from Wisconsin." Clooney plays Murrow. Here's Murrow himself with his famous take on McCarthy & McCarthyism, brief remarks that especially resonate today: ~~~

     ~~~ This article lists ways you still can watch the play. 

New York Times: “The New York Times Company has agreed to license its editorial content to Amazon for use in the tech giant’s artificial intelligence platforms, the company said on Thursday. The multiyear agreement 'will bring Times editorial content to a variety of Amazon customer experiences,' the news organization said in a statement. Besides news articles, the agreement encompasses material from NYT Cooking, The Times’s food and recipe site, and The Athletic, which focuses on sports. This is The Times’s first licensing arrangement with a focus on generative A.I. technology. In 2023, The Times sued OpenAI and its partner, Microsoft, for copyright infringement, accusing the tech companies of using millions of articles published by The Times to train automated chatbots without any kind of compensation. OpenAI and Microsoft have rejected those accusations.” ~~~

     ~~~ Marie: I have no idea what this means for "the Amazon customer experience." Does it mean that if I don't have a NYT subscription but do have Amazon Prime I can read NYT content? And where, exactly, would I find that content? I don't know. I don't know.

Washington Post reporters asked three AI image generators what a beautiful woman looks like. "The Post found that they steer users toward a startlingly narrow vision of attractiveness. Prompted to show a 'beautiful woman,' all three tools generated thin women, without exception.... Her body looks like Barbie — slim hips, impossible waist, round breasts.... Just 2 percent of the images showed visible signs of aging. More than a third of the images had medium skin tones. But only nine percent had dark skin tones. Asked to show 'normal women,' the tools produced images that remained overwhelmingly thin.... However bias originates, The Post’s analysis found that popular image tools struggle to render realistic images of women outside the Western ideal." ~~~

     ~~~ Marie: The reporters seem to think they are calling out the AI programs for being unrealistic. But there's a lot about the "beautiful women" images they miss. I find these omissions remarkably sexist. For one thing, the reporters seem to think AI is a magical "thing" that self-generates. It isn't. It's programmed. It's programmed by boys, many of them incels who have little or no experience or insights beyond comic books and Internet porn of how to gauge female "beauty." As a result, the AI-generated women look like cartoons; that is, a lot like an air-brushed photo of Kristi Noem: globs of every kind of dark eye makeup, Scandinavian nose, Botox lips, slathered-on skin concealer/toner/etc. makeup, long dark hair and the aforementioned impossible Barbie body shape, including huge, round plastic breasts. 

New York Times: “George Clooney’s Broadway debut, 'Good Night, and Good Luck,' has been one of the sensations of the 2024-25 theater season, breaking box office records and drawing packed houses of audiences eager to see the popular movie star in a timely drama about the importance of an independent press. Now the play will become much more widely available: CNN is planning a live broadcast of the penultimate performance, on June 7 at 7 p.m. Eastern. The performance will be preceded and followed by coverage of, and discussion about, the show and the state of journalism.”

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land. -- Magna Carta ~~~

~~~ New York Times: “Bought for $27.50 after World War II, the faint, water stained manuscript in the library of Harvard Law School had attracted relatively little attention since it arrived there in 1946. That is about to change. Two British academics, one of whom happened on the manuscript by chance, have discovered that it is an original 1300 version — not a copy, as long thought — of Magna Carta, the medieval document that helped establish some of the world’s most cherished liberties. It is one of just seven such documents from that date still in existence.... A 710-year-old version of Magna Carta was sold in 2007 for $21.3 million.... First issued in 1215, it put into writing a set of concessions won by rebellious barons from a recalcitrant King John of England — or Bad King John, as he became known in folklore. He later revoked the charter, but his son, Henry III, issued amended versions, the last one in 1225, and Henry’s son, Edward I, in turn confirmed the 1225 version in 1297 and again in 1300.”

NPR lists all of the 2025 Pulitzer Prize winners. Poynter lists the prizes awarded in journalism as well as the finalists in these categories.

 

Contact Marie

Email Marie at constantweader@gmail.com

Constant Comments

Success is not final, failure is not fatal: it is the courage to continue that counts.

Success is not final, failure is not fatal; it is the courage to continue that counts. — Anonymous

A nation of sheep will beget a government of wolvesEdward R. Murrow

Publisher & Editor: Marie Burns

I have a Bluesky account now. The URL is https://bsky.app/profile/marie-burns.bsky.social . When Reality Chex goes down, check my Bluesky page for whatever info I am able to report on the status of Reality Chex. If you can't access the URL, I found that I could Google Bluesky and ask for Marie Burns. Google will include links to accounts for people whose names are, at least in part, Maria Burns, so you'll have to tell Google you looking only for Marie.

Thursday
May232019

The Commentariat -- May 24, 2019

Late Morning/Afternoon Update:

It is time to bring back Gilbert AND Sullivan (thanks to unwashed for the link):

(Makes me wonder why there aren't any country AND western songs praising Trump) -- Mrs. McC

Jordan Fabian & Ellen Mitchell of the Hill: "President Trump on Friday announced that the U.S. will send roughly 1,500 troops to the Middle East in order to counter Iran's influence in the region. Trump emphasized that the new deployment will provide force protection for existing troops in the area amid heightened tensions with Tehran."

Rudy Writes His Own Covfefe. Quint Forgey of Politico: Rudy Giuliani "on Thursday evening amplified on Twitter a manipulated version of [Nancy] Pelosi's remarks at a conference earlier in the week. The clip, which has disseminated across social media ... subtly slows Pelosi's speech in a manner that suggests she is physically impaired. 'What is wrong with Nancy Pelosi? Her speech pattern is bizarre,' Giuliani tweeted Thursday when he posted the footage. He later deleted the message. Earlier Friday morning, Giuliani appeared to offer Pelosi an apology, tweeting a GIF of professional basketball players and a message that read:' ivesssapology for a video which is allegedly is a caricature of an otherwise halting speech pattern, she should first stop, and apologize for, saying the President needs an "intervention. Are.' Drew Hammill, Pelosi's deputy chief of staff, mocked Giuliani's incoherent tweet, reposting it and writing online: 'No further comment needed.'" But, perhaps with some assistance, Giuliani on Friday appeared to defend tweeting the doctored video: 'Nancy Pelosi wants an apology for a caricature exaggerating her already halting speech pattern. First she should withdraw her charge which hurts our entire nation when she says the President needs an "intervention." People who live in a glass house shouldn't throw stones,'" Giuliani wrote.

Juliegrace Brufke of the Hill: "Rep. Chip Roy (R-Texas), a member of the conservative House Freedom Caucus, blocked a disaster relief bill in the House on Friday by objecting to a unanimous consent vote. The Texas Republican who previously worked for Sen. Ted Cruz (R-Texas) argued the House should not have recessed before debating the legislation and holding a vote.... The $19.1 billion disaster aid package, which did not include the $4.5 billion in border funding requested by President Trump, passed the Senate in an 85-8 vote on Thursday."

Trump Admin Extends "Be Cruel" Policy. Nathaniel Weixel of the Hill: "A new proposal from the Trump administration would roll back health care protections for transgender people. The proposed regulation, announced Friday, scraps ObamaCare's definition of 'sex discrimination' to remove protections for gender identity. That provision said patients cannot be turned away because they are transgender, nor can they be denied coverage if they need a service that's related to their transgender status. The announcement follows a series of moves that bolster efforts by religious conservatives to narrowly define gender and gender protections. Earlier this month, the administration finalized rules making it easier for health workers and institutions to deny treatment to people if it would violate their religious or moral beliefs."

~~~~~~~~~~

Beginning yesterday, the Washington Post no longer allows private browsing. This is also true of several major media outlets, including the Los Angeles Times. I will no longer be able to link WashPo stories unless the paper changes its policy. -- Mrs. Bea McCrabbie

Another Nutty White House Presser: Asawin Suebsaeng & Sam Stein of the Daily Beast: "Accused of having a temper tantrum at the White House the day before..., Donald Trump did what anyone trying to prove their serenity would do: He put together a press conference during which he asked five aides to attest to his calmness. On Thursday afternoon, Trump hosted a group of American farmers at the White House to tout his administration's $16 billion aid plan for farmers afflicted by his ongoing trade war. But after singing their praises and promising relief to come, he quickly turned to the matter most clearly on his mind -- reports that he'd lost his cool at a meeting with House Speaker Nancy Pelosi the day before.... The showcase was vintage Trump: the policy push of the day overwhelmed by internal insecurities and grievances with press coverage bursting into public view. And it underscored the degree to which his warfare with Nancy Pelosi has gone from political to psychological." ...

... Here's a funny aside in the Beast's report: In the middle of last year, Trump once sat in the White House and angrily listed various words in headlines and cable-news chyrons he'd seen recently that described his mood -- 'fuming,' 'raged,' 'furious,' and so forth -- decrying them as inaccurate reporting, according to a source who was present for this. The president sounded increasingly irate as he rattled off headline after headline, the source said, noting the irony.

... Trump Calls Himself "Very Stable Genius." Ella Nilsen of Vox: "... Donald Trump questioned House Speaker Nancy Pelosi's mental fitness on Thursday, just a few hours after Pelosi said she wished the president's family or staff would 'have an intervention, for the good of the country.'... 'They sort of feel she's disintegrating before their eyes,' Trump said at one point -- saying Pelosi didn't understand an impending trade deal between the US, Canada, and Mexico.... The president seemed especially fixated on Democrats' characterization of him after Wednesday's infrastructure meeting. Trump called himself a 'very stable genius' during the Thursday press conference, introducing members of his staff one by one to come up and talk about how calm he was at the meeting." ...

... Trump Says Pelosi Is "Crazy." Jonathan Allen of NBC News: "... Donald Trump repeatedly called House Speaker Nancy Pelosi 'crazy,' said former FBI Director James Comey and former acting Director of the FBI Andrew McCabe, were guilty of treason, and declined to commit to raising the nation's debt ceiling during a sprawling interaction with reporters at the White House on Thursday.... He took issue with Pelosi's characterization of his abrupt departure from the room, saying he kept his cool. 'I was so calm,' he said. 'Cryin' Chuck, Crazy Nancy -- I tell you what, I've been watching her. I have been watching her for a long period of time. She is not the same person. She has lost it.'... Asked whether his self-imposed ban on legislative action extends to budget matters, including an increase in the statutory debt limit, Trump hedged. 'We'll see what happens,' Trump said, calling himself a 'very capable' person. 'Let them get this angst out of their belt.'... He was asked Thursday to provide the names of people who should be held accountable for a crime punishable by death. Trump answered with a list of names: McCabe, Comey, former FBI agent Peter Strzok and former Justice Department official Lisa Page." ...

     ... Mrs. McCrabbie: Needless to say, real presidents don't do this stuff.

... John Bowden of the Hill: "President Trump shared an edited video of Speaker Nancy Pelosi (D-Calif.) on Thursday, mocking the Democratic leader for various moments during a press conference earlier in the day where Pelosi appeared to misspeak. Trump tweeted the video with the caption: 'PELOSI STAMMERS THROUGH NEWS CONFERENCE.' The video, which first appeared on Fox Business's 'Lou Dobbs Tonight,' cut together a number of Pelosi's apparent flubs in quick succession, but did not appear to be altered in any other way. Earlier Thursday, a number of videos shared by conservative accounts went viral -- those clips were falsely edited to make Pelosi appear as if she was slurring her words due to intoxication. The video Trump shared did not appear to have the same alterations.... [Trump's] tweet came hours after YouTube removed altered videos of Pelosi following requests for comment from The Hill and other news outlets, though falsely edited videos of the speaker remained on Facebook into Thursday evening." ...

     ... Mrs. McCrabbie: Needless to say, real presidents don't do this stuff. ...

... Kate Riga of TPM: "A video of House Speaker Nancy Pelosi (D-CA), with the audio slowed to make her speech sound drunkenly slurred, is permeating the social media landscape, already infiltrating Facebook, Twitter and Youtube. The video is from Pelosi's Wednesday speech at the Center for American Progress. The Washington Post reported on the spread of the video."

Glenn Thrush of the New York Times: "If Mr. Trump's preplanned Rose Garden explosion proved anything, it is that the president is willing to sacrifice his own stated policy agenda [link fixed] to keep 'presidential harassment' front and center, and that the speaker, who wants to focus on policy, is leveraging decades of hard-won political capital to keep her party from pursuing an impeachment path that she believes could cost House Democrats their majority in 2020 and keep Mr. Trump in the White House.... For now, she is guided by two political goals: protecting the 40 newly elected Democratic members, who largely come from moderate or conservative districts, and avoiding Mr. Trump's traps. And Wednesday was a good day for her.... But even Ms. Pelosi's closest allies wonder how long she can hold the line against impeachment if the president continues to ignore the House's demands." (Also linked yesterday afternoon.)

Morgan Gstalter of the Hill: "Calls for President Trump to resign began circulating on Twitter on Thursday morning, mocking the president for throwing a '#TrumpTantrum' and walking out of a meeting with Democratic leadership this week.... The official Twitter account for The Democratic Coalition, an anti-Trump super PAC that targets Republican officials and candidates, began circulating calls for Trump to resign over the incident.... The #TrumpMustResign hashtag quickly gained momentum online, with more than 60,000 people ;using it on Twitter." (Also linked yesterday afternoon.)

Pelosi's Maid. David Edwards of the Raw Story: “White House counselor Kellyanne Conway on Thursday frantically defended her attack on House Speaker Nancy Pelosi, who she alleged is anti-woman.... 'I said, respectfully, would you like to address some of the specifics the president talked about?' she explained. 'I talked to the president, I don't talk to staff,'* Conway recalled Pelosi saying. 'She treats everybody like they're her staff,' the president's counselor complained. 'She treats me like I';m either her maid or her driver or her pilot or her makeup artist and I'm not. And I said to her, "How very pro-woman" of you. Because she's not pro-woman, she's pro-some woman, a few woman [sic].'"

     ... * Mrs. McCrabbie: According to Pelosi spokesperson Drew Hammill, Pelosi said to Conway, "I'm responding to the president, not staff."

The Trump Scandals, Ctd.

The Inquisition/Witch Hunt Begins. Maggie Haberman & Michael Schmidt: "President Trump took extraordinary steps on Thursday to give Attorney General William P. Barr sweeping new authorities to conduct a review into how the 2016 Trump campaign's ties to Russia were investigated, significantly escalating the administration's efforts to place those who investigated the campaign under scrutiny. In a directive, Mr. Trump ordered the C.I.A. and the country's 15 other intelligence agencies to cooperate with the review and granted Mr. Barr the authority to unilaterally declassify their documents. The move gave Mr. Barr immense leverage over the intelligence community and enormous power over what the public learns about the roots of the Russia investigation.... Mr. Barr, who has used the word 'spying' to describe how the Trump campaign was investigated, has been deeply involved in the department's review of how the intelligence was collected on it." ...

     ... Mrs. McCrabbie: Needless to say, real presidents don't (usually) do this stuff. I'm thinking Trump issued this memorandum because Barr told him the agency heads were not being "cooperative" enough; i.e., they weren't sharing the names of sources. ...

... David Frum of the Atlantic: "... Donald Trump can only escalate.... On Thursday night, he spread from his own presidential account a video of the speaker of the House, edited to splice together moments when she stumbled over her words, in an apparent effort to deceive people into thinking her drunk or ill. In 2016, Trump's Russian supporters performed this service for him with faked videos of Hillary Clinton. Now he seems to have decided that if you want a dirty-tricks campaign done right, you must do it yourself. At the same time, he has put the declassification powers of the presidency to work as part of a larger campaign of cover-up.... The declassification process will be selective, of course, in service to a predetermined narrative.... Who will trust or credit in any way the integrity of a Barr-led investigation?" ...

... Adam Silverman of Balloon Juice: "... it is now being reported that Attorney General Barr wants to know about the CIA's sources in Russia and what they know about the origins of the counterintelligence investigation into Russia's interference.... One of the first thing authoritarians try to do once they feel they have consolidated enough power is to ferret out the human sources who were working against them prior to their attaining power. In this case it appears that AG Barr wants to start with the human sources that the CIA's National Clandestine Service has cultivated and established in Russia.... Barr is very likely to use this new authority to selectively [weaponize] the information he declassifies to try to ratfuck the 2020 election. Remember, it was Barr who was leaning on the US Attorney in Little Rock to investigate then Governor Clinton regarding the Whitewater Savings & Loan scam in order to dirty Clinton up in advance of his general election campaign against Barr's boss, President George H. W. Bush." ...

     ... Mrs. McCrabbie: The more we look at Bill Barr, the more we realize or recall what a bad president George H. W. Bush was.

Owen Daugherty of the Hill: "House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) said special counsel Robert Mueller wants to testify privately about his investigation into Russian interference in the 2016 election. Nadler, appearing on 'The Rachel Maddow Show' on MSNBC Thursday night, said ... 'He is willing to make an opening statement but he wants to testify in private.... We're saying we think it's important for the American people to hear from him and to hear his answers to questions about the report. Nadler noted that a private Mueller testimony would still come with a transcript that would be publicly made available.... 'He envisions himself, correctly, as a man of great rectitude and apolitical and he doesn't want to participate in anything that he might regard as a political spectacle,' Nadler said." ...

     ... Mrs. Bea McCrabbie: We paid you, Bob. Now we want to hear you sing, if belatedly, for your supper.

Get Out! Former Rep. Tom Coleman (R-Mo.), in a Kansas City Star op-ed, urges the Congress to impeach & remove both Trump & Pence. "There is a trove of evidence in the Mueller report indicating Trump has committed multiple impeachable offenses, including abuse of power and lying to the American public. Both were part of the articles of impeachment brought against President Richard Nixon.... [Trump's] illegitimacy would survive through Vice President Mike Pence's succession to the presidency. Because the misdeeds were conducted to assure the entire Trump-Pence ticket was elected, both former candidates -- Pence as well as Trump -- have been disgraced and discredited. To hand the presidency to an illegitimate vice president would be to approve and reward the wrongdoing while the lingering stench of corruption would trail any Pence administration, guaranteeing an untenable presidency.... Failure to pursue impeachment is to condone wrongdoing.... To give up on the rule of law and democracy invites autocracy and eventually dictatorship."

Andrew Martin of Bloomberg via Yahoo!: "A Chicago banker who lent millions of dollars to Trump campaign chairman Paul Manafort was charged by prosecutors with bribery for seeking a post in the Trump administration in return for $16 million in loans.Stephen Calk was appointed to a post as economic adviser to Donald Trump's campaign in summer 2016, days after his bank approved a $9.5 million loan, federal prosecutors in New York said. Months later, after Trump was elected president, Calk was recommended for a position in the Trump administration while loans worth more than $6 million were awaiting approval at Calk's bank, they said. Calk presented a list of positions he wanted, ranking them from secretary of the Treasury on down to 19 ambassador posts beginning with the U.K. and France, according to an indictment unsealed Thursday. A former U.S. Army helicopter pilot, Calk, 54, faces a single count of financial institution bribery." (Also linked yesterday afternoon.)


Jamelle Bouie
of the New York Times: "President Trump apparently wants to give [men accused of war crimes] a presidential pardon, timed for Memorial Day.... Current and former military leaders ... have urged the White House to abandon this plan [-- including Martin Dempsey, former Chairman of the Joint Chiefs.]... But Republican lawmakers and conservative television personalities have lobbied in support of accused war criminals.... The president likes 'tough' people and 'tough' action, where 'tough' is a euphemism for violent.... For Trump, this toughness -- this willingness to act cruelly and brutally -- is a virtue. That-s especially true when the targets are racial others.... If Trump goes through with these Memorial Day pardons, it wouldn't be the first time he has used his pardon power to affirm the virtue of racialized brutality. Recall how in 2017 he pardoned Joe Arpaio, a former Arizona sheriff ... [who] was notorious for his dehumanizing treatment of prisoners in his care.... The pardon power was meant to correct wrongs, to forgive offenders and show mercy, to promote virtue and affirm the best values of our society. But in Trump&'s hands it has become, like so much of our constitutional system, a tool for vice."

     ... Mrs. McCrabbie: Needless to say, real presidents don't (usually) do this stuff.

Imperial President Blows off Congress. Again. Edward Wong, et al., of the New York Times: "The Trump administration is preparing to circumvent Congress to allow the export to Saudi Arabia and the United Arab Emirates of billions of dollars worth of munitions that are now on hold, according to current and former American officials and legislators familiar with the plan. Secretary of State Mike Pompeo and some political appointees in the State Department are pushing for the administration to invoke an emergency provision that would allow President Trump to prevent Congress from halting the sales, worth about $7 billion. The transactions, which include precision-guided munitions and combat aircraft, would infuriate lawmakers in both parties.... This spring, both the House and Senate approved bipartisan legislation to cut off military assistance to Saudi Arabia's war in Yemen using the 1973 War Powers Act, only to see it vetoed in April.... No other foreign policy issue has created as large a rift between Mr. Trump and Congress, and the move on the arms sales, which could take place within days, would deepen the divide. Mr. Pompeo would oversee the action, and the State Department is bracing for lawmakers to stall confirmations on all State Department nominees if it is implemented. Within the department, veteran Foreign Service officers have strongly opposed Mr. Pompeo's position." ...

     ... Mrs. McCrabbie: Sen. Marco Rubio (R-Fla.) spoke out forcefully against gurgled mush in response to the plan. ...

Charlie Savage of the New York Times: "Julian Assange, the WikiLeaks leader, has been indicted on 17 counts of violating the Espionage Act for his role in obtaining and publishing secret military and diplomatic documents in 2010, the Justice Department announced on Thursday -- a novel case that raises profound First Amendment issues. The new charges were part of an expanded indictment obtained by the Trump administration that significantly raised the stakes of the legal case against Mr. Assange, who is already fighting extradition proceedings in London based on an earlier hacking-related count brought by federal prosecutors in Northern Virginia.... The case has nothing to do with Russia’s election interference in 2016.... [Officials] noted that most of the new charges were related to obtaining the secret document archives, as opposed to publishing them. In the counts that deemed the publication of the files a crime, prosecutors focused on a handful of documents revealing the names of people who provided information to the United States in dangerous places like war zones." ...

There's of course a rain on your wedding day quality to the fact that Assange worked to bring the authoritarian Trump to power on some misguided notion that doing so would strike a blow against the security state. -- Matt Yglesias of Vox, in a tweet ...

As several reports note, the Obama administration considered, and rejected, charging Assange under the Espionage Act, because that pesky First Amendment thing. Would a Clinton administration have been equally careful? Thanks partly to Assange himself, we'll never know. -- Mrs. Bea McCrabbie

... Kevin Poulsen & Betsy Woodruff of the Daily Beast: "In a stunning escalation of the Trump administration's war on the press, the Justice Department has indicted WikiLeaks founder Julian Assange for revealing government secrets under the Espionage Act. It's the first time a publisher has been charged under the World War I-era law.... The act has no exception for reporters or publishers, but prior administrations have balked at invoking the law against journalists for fear of colliding with the First Amendment. The Justice Department immediately sought to draw a distinction between Assange and the press in a briefing for reporters announcing the new indictment. 'The department takes seriously the role of journalists in our democracy and we thank you for it,' said John Demers, head of the department's National Security Division. 'It has not and never has been the department's policy to target them for reporting. But Julian Assange is no journalist.'... 'Any government use of the Espionage Act to criminalize the receipt and publication of classified information poses a dire threat to journalists,' said Bruce Brown ... of the Reporters Committee for Freedom of the Press in a statement." ...

... Michael Grynbaum & Marc Tracy of the New York Times: "Journalists and press freedom groups reacted with alarm on Thursday after the Trump administration announced new charges against Julian Assange ... for publishing classified information, in a case that legal experts say takes direct aim at previously sacrosanct protections for the news media.... The Assange indictment could amount to the pursuit of a publisher for making [leaked] material available to the public.... The American Civil Liberties Union called the indictment 'a direct assault on the First Amendment.' The Reporters Committee for Freedom of the Press described it as 'a dire threat.'... 'It is one thing to charge a government official who has sworn an oath not to disclose classified information,' said Matthew Miller, who served as the Justice Department's chief spokesman under Mr. Obama's attorney general.... 'It's another thing to charge someone outside the government who published information or solicited information, which is something that reporters do all the time.'... Mr. Miller said prosecutors had now skated to the edge of criminalizing journalistic practices.... 'The calculation by the Department of Justice is that here's someone who people don't like,' [Theodore] Boutrous[, a media lawyer,] said. 'There's a real element of picking the weakest of the herd, or the most unpopular figure, to try to blunt the outcry.'" ...

     ... Mrs. McCrabbie: It is almost fanciful to think Bill Barr's DOJ -- at the behest of Barr's master -- would not go after traditional media or online media like Daily Kos. Or me. Remember that Melania Trump sued a young American blogger, who had previously retracted a defamatory, unsubstantiated rumor about her. The blogger paid her "a substantial sum" in settlement. That was the last day I had any sympathy for whatever hell Melania endures in her marriage to a nasty old slob.

Pay for Play. Travis Gettys of the Raw Story: "... Donald Trump has pressured the head of the U.S. Army Corps of Engineers to award a border wall contract to [North Dakotan Tommy Fisher,] a Republican donor and frequent Fox News guest. Four administration officials and Sen. Kevin Cramer (R-ND) said the president has aggressively pushed Fisher Industries in meetings with Department of Homeland Security officials and Lt. Gen. Todd Semonite, who heads the Army Corps, reported the Washington Post." ...

Alison Durkee of Vanity Fair: "Per the Post, [Tommy] Fisher has been lobbying for his company to be awarded the border wall contract via conservative media appearances, in which he argues that the firm could do the work cheaply and quickly, and even claim they can build 200 miles of wall in less than a year. Fisher has also joined with the nonprofit organization We Build the Wall -- whose advisors include such Trump allies as Steve Bannon and Kris Kobach -- to start building a wall on private land in Sunland Park, New Mexico. The C.E.O. reportedly believes his privately-funded wall will win over the Army Corps, the agency with contracting authority for the border project, and show off just what his company can do.... According to the Army Corps, Fisher and his firm aren't actually up to the job.... The Post reported that Army Corps of Engineers officials found Fisher's border wall proposal didn't meet the project's requirements -- and that the firm's low costs came at the expense of their wall's quality and sophistication.... The Army Corps has apparently added Fisher to the pool of border wall competitors at the White House's urging, but they've been clear about their misgivings, meeting [Jared] Kushner [-- also a Fisher fan --] several times to argue against Fisher."

     ... Mrs. McCrabbie: Needless to say, real presidents don't do this stuff.

Ag Secretary Sonny Perdue Uses More Cash to Paper over Trump's Disastrous Trade Wars. Jeff Daniels & Christina Wilkie of CNBC: "The Trump administration announced a $16 billion trade aid program for American farmers that includes a three-prong trade aid package for American farmers who have been hurt by the U.S. trade war with China. The centerpiece of the program is cash payments totaling $14.5 billion to producers of a variety of crops as well as dairy and pork producers impacted by retaliatory tariffs. U.S. tariff revenue collected by the Treasury would be used to support the payment program, according to the U.S. Department of Agriculture." (Also linked yesterday afternoon.)

Presidential Race 2020

Mayor Pete Takes on Cadet Bone Spurs. Scott Bixby of the Daily Beast: "... on Thursday morning, [Pete] Buttigieg brought up his own military service in a newly aggressive way, telling a reporter during a live event that ... Donald Trump faked a disability to avoid serving in the Vietnam War -- a pointed reference to the long-disputed diagnosis of bone spurs that kept Trump from serving. Buttigieg, himself a veteran of the war in Afghanistan, was responding to a question from The Washington Post's Robert Costa about potentially debating the president.... 'I have a pretty dim view of his decision to use his privileged status to fake a disability in order to avoid serving in Vietnam,' Buttigieg replied.... '... this is somebody who, I think it's fairly obvious to most of us took advantage of the fact that he was the child of a multi-millionaire in order to pretend to be disabled so that somebody could go to war in his place.'" (Also linked yesterday afternoon.)

Congressional Race 2020. Jonathan Martin of the New York Times: "A top Democratic official on Wednesday canceled a planned fund-raiser for an anti-abortion congressman [Daniel Lipinski (D-Ill.)] that had prompted an outcry among progressives, raising the question of whether there is room left in the party for lawmakers who oppose abortion at a moment when numerous Republican-controlled states are trying to effectively outlaw the procedure. The decision by Representative Cheri Bustos of Illinois, the head of the Democratic Congressional Campaign Committee, underscored the extent to which support for abortion rights has become a central litmus test for Democrats in the aftermath of President Trump's two appointments to the Supreme Court." (Also linked yesterday afternoon.)

Brooks Barnes of the New York Times: "Harvey Weinstein and his former studio's board members have reached a tentative $44 million deal to resolve lawsuits by women who accused him of sexual misconduct and the New York State attorney general, according to two people briefed on the matter. Under the proposed terms, about $30 million would go to a pool of plaintiffs that includes alleged victims, creditors of Mr. Weinstein's former studio and some former employees, according to the people briefed on the matter.... The balance would go to legal fees for associates of Mr. Weinstein, including board members named as defendants in lawsuits. Insurance policies would cover the $44 million if the deal is finalized. The Wall Street Journal was first to report the tentative deal, which must be approved by advisers in charge of the former Weinstein Company's bankruptcy proceedings."

Jeanna Smialek of the New York Times: "Four in 10 American adults wouldn't be able to cover an unexpected $400 expense with cash, savings or a credit-card charge that could be quickly paid off, a new Federal Reserve survey finds. About 27 percent of people surveyed would need to borrow or sell something to pay for such a bill, and 12 percent would not be able to cover it at all, according to the Fed's 2018 report on the economic well-being of households, which was released Thursday." ...

     ... Mrs. McCrabbie: This, as more & more municipalities are using minor traffic & housing code violations, larded with high fees, to fund their basic operations. Partly because of more intense policing in higher-crime areas, these fees are falling more often on those who can least afford them.

Way Beyond the Beltway

India. Sasha Ingber & Lauren Frayer of NPR: "Indian Prime Minister Narendra Modi has been reelected and his party is poised to take more seats than the 2014 election, signaling India's support of the strongman leader and his Hindu nationalist ideology. The voting lasted almost six weeks to accommodate nearly 900 million people who were eligible to cast their votes. On Thursday, the ballots were counted and results showed Modi's Bharatiya Janata Party, or BJP, winning more seats than any other party."

U.K. Heather Stewart of the Guardian: "Theresa May has bowed to intense pressure from her own party and named 7 June as the day she will step aside as Conservative leader, drawing her turbulent three-year premiership to a close. Speaking in Downing Street, May said it had been the honour of my life' to serve as Britain's second female prime minister. Her voice breaking, she said she would leave 'with no ill will, but with enormous and enduring gratitude to have had the opportunity to serve the country I love'.... But she admitted: 'It is and will always remain a matter of deep regret to me that I have not been able to deliver Brexit.' May's announcement came after a meeting with Graham Brady, the chair of the backbench Tory 1922 Committee, which was prepared to trigger a second vote of no confidence in her leadership if she refused to resign. Her fate was sealed after a 10-point 'new Brexit deal', announced in a speech on Tuesday, infuriated Tory backbenchers and many of her own cabinet -- while falling flat with the Labour MPs it was meant to persuade."

Wednesday
May222019

The Commentariat -- May 23, 2019

Afternoon Update:

Glenn Thrush of the New York Times: "If Mr. Trump's preplanned Rose Garden explosionproved anything, it is that the president is willing to sacrifice his own stated policy agenda [link fixed] to keep 'presidential harassment' front and center, and that the speaker, who wants to focus on policy, is leveraging decades of hard-won political capital to keep her party from pursuing an impeachment path that she believes could cost House Democrats their majority in 2020 and keep Mr. Trump in the White House.... For now, she is guided by two political goals: protecting the 40 newly elected Democratic members, who largely come from moderate or conservative districts, and avoiding Mr. Trump's traps. And Wednesday was a good day for her.... But even Ms. Pelosi's closest allies wonder how long she can hold the line against impeachment if the president continues to ignore the House's demands."

Morgan Gstalter of the Hill: "Calls for President Trump to resign began circulating on Twitter on Thursday morning, mocking the president for throwing a '#TrumpTantrum' and walking out of a meeting with Democratic leadership this week.... The official Twitter account for The Democratic Coalition, an anti-Trump super PAC that targets Republican officials and candidates, began circulating calls for Trump to resign over the incident.... The #TrumpMustResign hashtag quickly gained momentum online, with more than 60,000 people using it on Twitter."

Dana Milbank of the Washington Post: "This is not the work of an orderly mind. President Trump stormed into the Cabinet Room 15 minutes late Wednesday morning and news conference -- or, more accurately, a 12-minute parade of paranoia.... People often describe him as 'unraveling,' but that implies he was once fully knitted.... At the moment, he seems to be transparently mad."

Andrew Martin of Bloomberg via Yahoo!: "A Chicago banker who lent millions of dollars to Trump campaign chairman Paul Manafort was charged by prosecutors with bribery for seeking a post in the Trump administration in return for $16 million in loans. Stephen Calk was appointed to a post as economic adviser to Donald Trump's campaign in summer 2016, days after his bank approved a $9.5 million loan, federal prosecutors in New York said. Months later, after Trump was elected president, Calk was recommended for a position in the Trump administration while loans worth more than $6 million were awaiting approval at Calk's bank, they said. Calk presented a list of positions he wanted, ranking them from secretary of the Treasury on down to 19 ambassador posts beginning with the U.K. and France, according to an indictment unsealed Thursday. A former U.S. Army helicopter pilot, Calk, 54, faces a single count of financial institution bribery."

Ag Secretary Sonny Perdue Uses More Cash to Paper over Trump's Disastrous Trade Wars. Jeff Daniels & Christina Wilkie of CNBC: "The Trump administration announced a $16 billion trade aid program for American farmers that includes a three-prong trade aid package for American farmers who have been hurt by the U.S. trade war with China. The centerpiece of the program is cash payments totaling $14.5 billion to producers of a variety of crops as well as dairy and pork producers impacted by retaliatory tariffs. U.S. tariff revenue collected by the Treasury would be used to support the payment program, according to the U.S. Department of Agriculture."

Jonathan Martin of the New York Times: "A top Democratic official on Wednesday canceled a planned fund-raiser for an anti-abortion congressman [Daniel Lipinski (D-Ill.)] that had prompted an outcry among progressives, raising the question of whether there is room left in the party for lawmakers who oppose abortion at a moment when numerous Republican-controlled states are trying to effectively outlaw the procedure. The decision by Representative Cheri Bustos of Illinois, the head of the Democratic Congressional Campaign Committee, underscored the extent to which support for abortion rights has become a central litmus test for Democrats in the aftermath of President Trump's two appointments to the Supreme Court."

Mayor Pete Takes on Cadet Bone Spurs. Scott Bixby of the Daily Beast: "... on Thursday morning, [Pete] Buttigieg brought up his own military service in a newly aggressive way, telling a reporter during a live event that ... Donald Trump faked a disability to avoid serving in the Vietnam War -- a pointed reference to the long-disputed diagnosis of bone spurs that kept Trump from serving. Buttigieg, himself a veteran of the war in Afghanistan, was responding to a question from The Washington Post's Robert Costa about potentially debating the president.... 'I have a pretty dim view of his decision to use his privileged status to fake a disability in order to avoid serving in Vietnam,' Buttigieg replied.... '... this is somebody who, I think it's fairly obvious to most of us, took advantage of the fact that he was the child of a multi-millionaire in order to pretend to be disabled so that somebody could go to war in his place.'"

The part of Rachel Maddow's Wednesday opening segment that begins at about 10:35 minutes in is particularly good. Maddows shows how former presidents Nixon & Clinton, when facing the threat of impeachment, kept on keeping on, as opposed of course to our Fake President*, who announced he would not work with Congress until they stop doing their oversight job:

~~~~~~~~~~

The Trump Scandals, Ctd.

John Fritze & Michael Collins of USA Today: "House Speaker Nancy Pelosi accused ... Donald Trump of having a 'temper tantrum' over Democratic investigations Wednesday and suggested his Rose Garden blowup was about politics more than infrastructure. ''Sadly, the only job the president seems to be concerned with is his own,' Pelosi wrote in a letter to lawmakers released to reporters. 'He threatened to stop working with Democrats on all legislation unless we end oversight of his administration and he had a temper tantrum for us all to see.' Trump disputed that characterization in a tweet late Wednesday. 'This is not true. I was purposely very polite and calm, much as I was minutes later with the press in the Rose Garden,' Trump wrote. 'Can be easily proven. It is all such a lie!'"

Trump Goes Nuts. Peter Baker & Katie Rogers of the New York Times: "President Trump abruptly blew up a scheduled meeting with Democratic congressional leaders on Wednesday, lashing out at Speaker Nancy Pelosi for accusing him of a cover-up and declaring that he could not work with them until they stopped investigating him. He then marched out into the Rose Garden, where reporters had been gathered, and delivered a statement bristling with anger as he demanded that Democrats' get these phony investigations over with.' He said they could not legislate and investigate at the same time. 'We're going to go down one track at a time,' he said.... When [Pelosi] and Senator Chuck Schumer arrived at the White House, Mr. Trump was loaded for bear. He walked into the Cabinet Room, did not shake anyone's hand or sit in his seat, according to a Democrat informed about the meeting. He said he wanted to advance legislation on infrastructure, trade and other matters, but that 'Speaker Pelosi said something terrible today and accused me of a cover-up,' according to the Democrat. After just three minutes, he left the room before anyone else could speak, the Democrat said." (Also linked yesterday.) ...

     ... Mrs. Bea McCrabbie: Once again, Nancy easily boxed Donnie into a corner. No one thought Democrats & Republicans would get together on an infrastructure bill, but before today, that impasse appeared to be a function of partisan gridlock. Now, by declaring that he couldn't work with Congress at all while oversight investigations continued, Trump took 100 percent ownership of the barren landscape. It is not Democrats who can't do two things at once; it's Trump. He boasted about it. Chuck Schumer walked into the scheduled meeting-that-wasn't with a 35-page infrastructure plan. The administration had nothing, although Democrats had previously asked him -- and Trump agreed -- to prepare his own plans for financing infrastructure projects. Many voters are aware that Congress is always investigating stuff; that's part of their mandate. Trump has announced he can't do anything while Congress is doing its job. For the next 17 months, he has nothing left to do but lock himself in the residence & watch Fox "News." Nancy whupped him. ...

... Trish Turner, et al., of ABC News: Trump was angry that just hours earlier, Pelosi, after a hastily-called Democratic caucus meeting on members' growing calls for impeachment, said, 'We believe that no one is above the law, including the president of the United States, and we believe the president of the United States in engaged in a cover-up.'... The president, according to sources, was mad from first thing Wednesday morning and the Pelosi remarks about a 'cover-up' pushed him over the edge. He then demanded to speak to cameras.... Senior level administration sources tell ABC News some aides close to the president tried to stop him for marching to the Rose Garden for the last-minute press conference.... But the president may have played into Pelosi's hands. Instead of attention aimed on how she is trying to hold her caucus back from impeachment -- a step Democratic leaders think could imperil their chances of taking down Trump at the ballot box in 2020 -- Pelosi and Schumer could change the focus to the president's behavior." ...

... Earlier That Same Day ... Caitlin Oprysko of Politico: "... Donald Trump complained Wednesday that the fresh push from some congressional Democrats for impeachment proceedings amounts to 'presidential harassment,' bemoaning ahead of a Democratic Caucus meeting that lawmakers 'are getting zero work done.' 'Everything the Democrats are asking me for is based on an illegally started investigation that failed for them, especially when the Mueller Report came back with a NO COLLUSION finding,' dismissing their efforts as a fishing attempt in order to bolster an impeachment inquiry,' the president wrote on Twitter. 'Now they say Impeach President Trump, even though he did nothin [sic] wrong, while they "fish!"'" Mrs. McC: In other words, he ranted all morning long. ...

... Mrs. McCrabbie: A couple of weeks ago, Nancy Pelosi remarked that Trump "is almost self-impeaching." Pundits couldn't figure out what she meant. Well, now Trump has done the show to Pelosi's tell: he has publicly announced that he will not carry out his sworn Constitutionally-mandated oath to faithfully execute the Office of President"; that is, that he will abdicate. Lawrence O'Donnell views Trump's refusal to perform his duties as yet another impeachable offense. ...

... Justin Wise of the Hill: "CNN host Jake Tapper on Wednesday fact-checked what he called 'lies' and 'flat out misleading' statistics displayed on a sign President Trump used to complement his criticism of Democrats and special counsel Robert Mueller's investigation.... He takes issue with the poster's inclusion of the statements, 'No Collusion' and 'No Obstruction.' Tapper notes that while Mueller did not find sufficient evidence to conclude a conspiracy between the Trump campaign and Moscow took place, that it did identify numerous links between the two. 'Mueller specifically said that collusion was not a legal term and the report was not going to address it all,' Tapper said, going onto note that Mueller made no conclusive determination regarding obstruction of justice. 'And if you read the report, Mueller in detail describes at least 10 instances which may have constituted obstruction. And Mueller clearly leaves itup to Congress to proceed,' he said." ...

... Steve Benen of NBC News: "First, Trump's infrastructure plan was already dying due to Republican opposition. Even his White House chief of staff has said he's against Trump's plan. By walking away from today's meeting, the president is obviously trying to blame Democrats for the fact that Trump couldn't even get his own party to sign on.... Second, we already know the president's excuse -- he won't work with lawmakers investigating his scandals -- is demonstrably false. Indeed, Trump sat down with Democratic leaders three weeks ago to work on an infrastructure deal, and there were several ongoing congressional investigations underway at the time.... Telling Democrats the legislative process will end unless they end all oversight isn't much of a threat. Mitch McConnell has already derailed the legislative process, and if every investigation of Trump's scandals were to end today, the infrastructure plan would still have no chance of success." ...

... Snark Attack. Cristina Cabrera of TPM: "'I knew he was looking for a way out,' Pelosi said [after Trump walked out of the scheduled meeting].... 'We were expecting this.' [Kellyanne] Conway then asked Pelosi if she had 'a direct response' to Trump's complaints. The House Speaker told Conway that she was going to respond to the President, not his staff, the Times reported. 'Really great,' Conway shot back. 'That's really pro-woman of you.'" ...

... Oops! Grant Stern of the Washington Press: "It would appear that President Trump admitted that he lied in written answers given to Special Counsel Robert Mueller during his appearance at the White House [Wednesday] morning[:] 'You heard so much talk about phone calls made that my son made to me from this meeting ...' Trump continued, seemingly referring to the infamous June 9th, 2016 meeting where his son Don Jr met indicted Russian lawyer Natalia Veselnitskaya. 'Of the three calls, that were so horrible, that he had a meeting and called me, and had the meeting after and he made two more calls.'... That statement is pivotal because it directly contradicts the story that Trump gave under oath to Special Counsel Mueller in response to the prosecutor's questions about who knew what when, over events that the Senate Intel Committee's investigation is still probing. Don Jr. is set to testify to that panel early next month. 'Trump just admitted he received a call from Don Jr., before "the" meeting which corroborates Michael Cohen's testimony to Mueller,' says attorney and MSNBC legal contributor Katie Phang. 'It's now fair to say that Donald Trump and his son have lied about the elder Trump knowing about this meeting happening, and why it happened.'... The Mueller Report concluded ... that there was no documentary evidence of [Donald Senior's] knowledge that Don Jr. had met with the Russians." Emphasis original. ...

     ... Mrs. McCrabbie: Stern appears to be right. Unfortunately, Trump's syntax is so hopelessly garbled that I think he can wiggle out of the accidental admission.

Never-Trumper Rick Wilson of The Daily Beast: "I've been a deep skeptic of impeachment as a political strategy, putting me solidly in the Nancy Pelosi go-slow camp. I've argued time and again that the smart play is IIABN: Impeachment in All but Name.... Can you make an impeachment case for obstruction based purely on the released information in the Mueller Report? Absolutely. Are you there yet politically? Nope.... I feel your pain and frustration, but unless you convict him in the Senate and destroy his political future, you're not fucking anyone; you're just enjoying a masturbatory revenge fantasy.... It's a damn good week.... The arc of this story is moving the right direction. Keep doing the things that work, Democrats. Impeachment is the end goal, not the first step, and you're closing in." --s

** Emily Flitter of the New York Times: "A federal judge on Wednesday rejected President Trump's request to block his longtime lender, Deutsche Bank, from complying with congressional subpoenas. Judge Edgardo Ramos of United States District Court in Manhattan issued his ruling after hearing arguments from lawyers for Mr. Trump and his family, as well as two Democratic-controlled congressional committees. 'I will not enjoin enforcement of the subpoenas,' Mr. Ramos said, and added that he thought it was unlikely Mr. Trump and his family would win in a trial. The ruling was the second setback this week for Mr. Trump's efforts to prevent the release of his financial records.... The decision came the same day the New York legislature passed a bill that would allow Congress to obtain Mr. Trump's state tax returns from the state."

Leigh Ann Caldwell & Alex Moe of NBC News: "A key congressional committee has already gained access to ... Donald Trump's dealings with two major financial institutions, two sources familiar with the House probe tell NBC News, as a court ruling Wednesday promised to open the door for even more records to be handed over. Wells Fargo and TD Bank are the two of nine institutions that have so far complied with subpoenas issued by the House Financial Services Committee [chaired by Maxine Waters (D-Calif.)] demanding information about their dealings with the Trump Organization, according to the sources."

Eric Tucker of the AP: "It was Michael Cohen's numerous contacts with a Russia-linked company and a sudden flow of foreign money into a bank account he controlled that led federal investigators to look into whether the money might be part of a plan to lift U.S. sanctions on Russia, according to court filings unsealed Wednesday. Five search warrant applications, from the early stages of ... Robert Mueller's Russia investigation in 2017, were made public in response to requests from The Associated Press and other media organizations.... Investigators were especially curious about deposits of about $500,000 from an account linked to an investment management firm, Columbus Nova, LLC. The warrants tie that firm and the holding company that controls it to Viktor Vekselberg, a Russian oligarch with ties to ... Vladimir Putin.... Prosecutors said Cohen exchanged over 230 phone calls and 950 text messages with the CEO of Columbus Nova between Nov. 8, 2016, and July 14, 2017. There were no text messages or telephone calls before Election Day in 2016, prosecutors said."

Naomi Jagoda of the Hill: "Treasury Secretary Steven Mnuchin on Wednesday said that the department is trying to find out who wrote a draft IRS memo that found that the agency has to provide tax returns to Congress unless executive privilege is invoked." Mrs. McC: Hmm, sounds like an actual witch hunt. (Also linked yesterday.)

Alexander Nazaryan of Yahoo! News: "... Rep. Adam Schiff, D-Calif., called on former U.S. Deputy Attorney General Rod Rosenstein to testify on Capitol Hill about his involvement in Robert Mueller's investigation into the Trump presidential campaign.... 'I think he should be brought before' the House Judiciary and Intelligence committees, and we are taking steps along that regard,' said Schiff. The remarks came in a conversation with MSNBC host Ari Melber, who interviewed Schiff as part of the annual Ideas Conference of the Center for American Progress, a liberal think tank.... A Harvard-trained lawyer, Schiff chose his response to Melber carefully. 'It would be more than reasonable to infer that I think it's fully appropriate for him to come and testify before Congress,' he said. Schiff said he specifically wanted to know the circumstances under which Rosenstein wrote the Comey memo, and whether he was aware that Trump was planning to use that document as a pretext to fire the FBI director. Schiff also wondered if writing that memo should have led to Rosenstein recusing himself from the Russia investigation -- or, at the very least, to an official ethics opinion about his involvement." ...

... Ha Ha. Naomi Lin of the Washington Examiner: "House Intelligence Chairman Adam Schiff, D-Calif., doesn't believe Attorney General William Barr should remain the country's top law enforcement officer, comparing him in colorful terms with President Trump's personal lawyer, Rudy Giuliani. 'I hesitate to call him the AG -- he's really more the personal attorney to the president,' Schiff told the Center for American Progress' 2019 Ideas Conference in Washington, D.C. 'I think Bill Barr has all the duplicity of Rudy Giuliani without the good looks and general likability.'"

Kyle Cheney of Politico: "The House Intelligence Committee has postponed a potential vote to hold Attorney General William Barr in contempt of Congress, citing efforts by the Justice Department to comply with their demand for access to ... Robert Mueller's files. 'The Department of Justice has accepted our offer of a first step towards compliance with our subpoena, and this week will begin turning over to the Committee twelve categories of counterintelligence and foreign intelligence materials as part of an initial rolling production,' committee chairman Adam Schiff said in a statement Wednesday. 'That initial production should be completed by the end of next week.'" (Also linked yesterday.)

Jim Mustian & Larry Neumeister of the AP: "Michael Avenatti, the attorney who rocketed to fame through his representation of porn star Stormy Daniels in her battles with ... Donald Trump, was charged Wednesday with ripping her off. Federal prosecutors in New York City say Avenatti used a doctored document to divert about $300,000 that Daniels was supposed to get from a book deal, then used the money for personal and business expenses. Only half of that money was paid back, prosecutors said. Daniels isn't named in the court filing, but the details of the case ... make it clear that she is the client involved. Avenatti denied the allegations on Twitter.... Avenatti was previously charged in New York with trying to extort up to $25 million from Nike by threatening to expose claims that the shoemaker paid off high school basketball players to steer them to Nike-sponsored colleges. And in Los Angeles, he's facing a multicount federal indictment alleging that he stole millions of dollars from clients, didn't pay taxes, committed bank fraud and lied during bankruptcy proceedings."


When an Ignoramus Met a Wily Pro. John Hudson & Josh Dawsey
of the Washington Post: "Former secretary of state Rex Tillerson told members of the House Foreign Affairs Committee that Russian President Vladimir Putin out-prepared President Trump during a key meeting in Germany, putting the U.S. leader at a disadvantage during their first series of tête-à-têtes. The U.S. side anticipated a shorter meeting for exchanging courtesies, but it ballooned into a globe-spanning two-hour-plus session involving deliberations on a variety of geopolitical issues, said committee aides, who like others spoke on the condition of anonymity.... 'We spent a lot of time in the conversation talking about how Putin seized every opportunity to push what he wanted,' a committee aide said. 'There was a discrepancy in preparation, and it created an unequal footing.'... Trump countered his former aide, saying in a statement that he 'was perfectly prepared for my meetings with Vladimir Putin. We did very well at those meetings.'... In the past, Trump has downplayed the importance of preparation, saying his gut instinct and ability to read a room are paramount for a successful summit."

S. V. Date of the Huffington Post: "Donald Trump's golf habit has already cost taxpayers at least $102 million in extra travel and security expenses, and next month will achieve a new milestone: a seven-figure presidential visit to another country so he can play at his own course.... And, notwithstanding Trump's campaign promise that if elected he would not play golf at all, the White House has done preliminary work for Trump's visit to his resort on the west coast of Ireland next month, according to Irish media and government sources, even though no official meeting with Irish leaders is planned in the capital, Dublin. Late Tuesday afternoon, the White House announced that Trump would meet with Irish Prime Minister Leo Varadkar in Shannon, just 30 miles by air from Trump's golf resort in Doonbeg.... The $102 million total to date spent on Trump's presidential golfing represents 255 times the annual presidential salary he volunteered not to take.... While Republicans and Trump himself frequently criticized former President Barack Obama for his golf outings, Trump has spent more than twice as many days on the links, to date, as Obama did at the same point in his first term. And because Trump has insisted on dozens of trips to New Jersey and Florida to play at his resorts there, taxpayers are spending more than three times as much as they did for golf by the same point in Obama's term." ...

     ... Mrs. McCrabbie: Obviously the reason Trump chooses to play at his own courses is to garner free advertising for the resorts connected to them. See Emoluments Clause. President Obama often played at public courses.


AP: "The Pentagon on Thursday will present plans to the White House to send up to 10,000 more troops to the Middle East, in a move to beef up defenses against potential Iranian threats, US officials said Wednesday. The officials said no final decision had been made yet, and it was not clear if the White House would approve sending all or just some of the requested forces. Officials said the move was not in response to any new threat from Iran but was aimed at reinforcing security in the region. They said the troops would be defensive forces, and the discussions include additional Patriot missile batteries, more ships and increased efforts to monitor Iran." --s

Missy Ryan & Greg Jaffe of the Washington Post: "Acting defense secretary Patrick Shanahan has mandated new restrictions on the way the Pentagon shares information with Congress about military operations around the world, a move that is straining ties with key Republican and Democratic lawmakers. In a May 8 internal memo..., Shanahan lays out the criteria for when Pentagon officials may provide congressional offices or committees information they request about operational plans and orders. The memo comes as lawmakers from both parties complain that the Trump administration has withheld information that prevents them from executing their constitutionally mandated oversight role. Some lawmakers are also concerned about whether Shanahan has allowed the military to be drawn too deeply into President Trump's immigration agenda." (Also linked yesterday.)

Donna Borak of CNN: "Treasury Secretary Steven Mnuchin on Wednesday rebuffed claims by House Democrats that his refusal to comply with a congressional request for ... Donald Trump's personal tax returns is a violation of the law.... 'I have been advised I am not violating the law. I would have never done anything to violate the law. Quite the contrary, I was advised had I turned them over I would be violating the law.' [Mnuchin said during a Congressional hearing.] Trump's top finance chief was repeatedly pressed by House Democrats over his decision last week to refuse to turn over Trump's tax returns under an obscure law that specifies the Treasury secretary 'shall furnish' the information requested by the heads of the tax-writing committees.... Mnuchin also repeatedly denied any political interference in his decision-making around the tax return issue, stating that he didn't discuss the matter with anyone inside or outside of the White House, including the President himself." Mrs. McC: Mnuchin also refused to answer a Congresswoman's repeated question as to whether or not he had directed the IRS Commissioner to refuse to honor the request for returns. ...

... Andrew Jackson Forever Until 2028! Tucker Higgins of CNBC: "The redesign of the $20 bill featuring Harriet Tubman will no longer be unveiled in 2020, Treasury Secretary Steven Mnuchin said on Wednesday. The unveiling had been timed to coincide with the 100th anniversary of the 19th Amendment, which granted women the right to vote. Mnuchin said the design process has been delayed and no new imagery will be unveiled until 2028. 'The primary reason we have looked at redesigning the currency is for counterfeiting issues,' Mnuchin said in response to questions by Rep. Ayanna Pressley, D-Mass., during a hearing before the House Financial Services Committee. 'Based upon this, the $20 bill will now not come out until 2028. The $10 bill and the $50 bill will come out with new features beforehand.'... The Tubman design was announced in 2016 by former Treasury Secretary Jack Lew following a 10-month process in which the department sought input from the public." Mrs. McC: Apparently Mnuchin can't produce new currency & stonewall Congressional investigations at the same time. Akhilleus, in yesterday's Comments, had some choice observations on Mnuchin's decision to dump the Tubman bill. ...

... Alan Rappeport of the New York Times: "Mr. Mnuchin, concerned that the president might create an uproar by canceling the new bill altogether, was eager to delay its redesign until Mr. Trump was out of office, some senior Treasury Department officials have said. As a presidential candidate in 2016, Mr. Trump criticized the Obama administration's plans for the bill. That April, Mr. Trump called the change 'pure political correctness' and suggested that Tubman, whom he praised, could be added to a far less common denomination, like the $2 bill. 'Andrew Jackson had a great history, and I think it's very rough when you take somebody off the bill,' Mr. Trump said at the time." Mrs. McC: Yes, Jackson had a "great history" if you look favorably upon slavery ("at the time of his death in 1845, Jackson owned approximately 150 people who lived and worked on the property") and genocide.

Alan Pyke of ThinkProgress: "Transgender and gender non-conforming people could soon be barred from federally funded shelters, after the Department of Housing and Urban Development (HUD) announced plans Wednesday to scrap recently added regulator protections. HUD&'s rulemaking would rescind the Equal Access Rule that currently requires shelters that wish to segregate clients according to their gender to modify their structures accordingly -- rather than turn people away.... Less than 24 hours prior, [Ben] Carson testified to House members that he was 'not currently anticipating changing the rule.'" --s

Liz Crampton of Politico: "The Agriculture Department is moving nearly all its researchers into the economic effects of climate change, trade policy and food stamps -- subjects of controversial Trump administration initiatives -- outside of Washington, part of what employees claim is a political crackdown on economists whose assessments have raised questions about the president's policies.... [E]mployees claim the department's leadership, including [Agriculture Secretary Sonny] Perdue, turned against the research service after an estimate early last year suggested that the Republican-backed tax plan would largely benefit the wealthiest farmers.... Neil Conklin, a former senior administrator at ERS [Economic Research Service] under the George W. Bush administration, said the agency stands to be fundamentally changed by the relocation. 'This is going to be very destructive of the agency, as certainly as we'’ve known it,' Conklin said." --s

Presidential Race 2020

Jonathan Easley of the Hill: "A new poll finds that a strong majority of voters believes that President Trump does not deserve a second term in office. A Monmouth University survey released Wednesday found that only 37 percent of voters believe Trump should be reelected, while 60 percent said they think it's time to have someone new in the White House. That's the highest percentage of voters saying they're eager for change since Monmouth first began asking the question in November. The numbers come weeks ahead of Trump's expected official launch for his 2020 reelection campaign." Mrs. McC: He surely did not help his case with that Rose Garden meltdown Wednesday.

Matthew Schwartz of NPR: "President Hillary Clinton? That would have been the result of the 2016 presidential election -- if the National Popular Vote Interstate Compact were in effect. With a state Senate vote Tuesday, Nevada is close to becoming the latest state to sidestep the Electoral College when it comes to electing presidents. According to the National Popular Vote organization, which oversees efforts to persuade states to join the compact, 14 states and the District of Columbia have agreed to pledge their 189 electors to the winner of the national popular vote -- regardless of which candidate won the state. Nevada, with its six electoral votes, would bring the total to 195. Once 270 electors are pledged, the compact would kick in. The effort is part of a national movement to neuter the Electoral College and give more weight to the popular vote. Democrats in particular have been stung by the Electoral College, which effectively gives disproportional voting power to smaller, rural states that tend to vote Republican. In addition to President Trump, George W. Bush also won the White House without winning the popular vote."

Congressional Race 2020. Jonathan Oosting & Melissa Burke of the Detroit News: "The powerful DeVos family of West Michigan is ending its longtime support of U.S. Rep. Justin Amash, the libertarian Republican who has repeatedly clashed with ... Donald Trump. The family has not made any political contributions to Amash this cycle, and 'they have no plans to do so,' said family spokesman Nick Wasmiller. The GOP megadonors decided to cut ties with Amash before his latest dust-up with the president and assertion Trump engaged in 'impeachable conduct,' Wasmiller told The Detroit News."

Beyond the Beltway

Boycott Georgia. Adrienne Masha Varkiani of ThinkProgress: "A growing number of filmmakers and production companies are announcing they will not do business in Georgia following the state's decision to enact a six-week abortion ban.... The majority of production companies doing business in Georgia however, have yet to take action..., waiting to see whether the ban will actually take effect.... On Monday, a Democratic lawmaker in California proposed a bill offering tax breaks to production companies that relocate from states with 'strict abortion bans,' like Georgia and Alabama." --s

Virginia. Mel Leonor & Michael Martz of the Richmond Times-Dispatch: “A months-long investigation into a racist yearbook photo that appeared on Gov. Ralph Northam's 1984 medical school yearbook page could not 'conclusively' determine who is in the photo or how it ended up there. The report also says the current and previous presidents of Eastern Virginia Medical School had known about the photo for years, but chose not to publicly disclose the information. Both leaders declined to release the photo or alert Northam about it, arguing that they did not want to influence the political process, according to the report.... A team hired by EVMS released its much-anticipated, 55-page report Wednesday, shedding some light into the culture at EVMS at the time, but delivering little about the photo, which depicts a person in blackface and another in a Ku Klux Klan robe."

Way Beyond

Israel/Palestine. Oliver Holmes & Quique Kierzenbaum of the Guardian: "Israel plans to name a new settlement after Donald Trump on land it captured from Syria, as a token of gratitude to the US president for recognising its contested claim to the occupied territory. Israel's prime minister, Benjamin Netanyahu, has said he would press his next government, which he is still in the process of formingto approve the naming of the new community in Heights." --safari: Will the illegal settlement pay licensing rights?

United Kingdom. Fear of Milkshakes. Ellie Cambridge of the British tabloid Sun: Brexit super-advocate & Friend of Trump "Nigel Farage reportedly refused to get off his Brexit Party campaign bus after people gathered round it carrying milkshakes. His bodyguards were keen to avoid another splattering days after he raged at them for letting a protester douse him with a caramel shake in Newcastle.... According to Kent Live, the ex-Ukip leader did eventually get off the bus, but stayed close to the vehicle as he spoke to supporters.... The milkshake incident comes today despite McDonald's branches in Edinburgh posting signs saying that milkshakes and ice creams would not be for sale ahead of Brexit party rallies. The fast food chain claimed police had asked them not to sell shakes or ice cream to stop any embarrassing splatters."

Tuesday
May212019

The Commentariat -- May 22, 2019

Late Morning/Afternoon Update:

Contributor RAS, with a little help from PD Pepe & Charles Pierce, finds the likely explanation for Mitch McConnell's refusal to bring up election security bills for votes. The original McConnell story, by Li Zhou of Vox, is linked below. And, yeah, it bears a close relationship to the WashPo story on House Minority Leader Kevin McCarthy's refusal to limit Chinese companies from contracting with U.S. transportation companies. You might conclude the Republican leaders are a couple of shady characters who prioritize their own interests over national security concerns.

Trump Goes Nuts. Peter Baker & Katie Rogers of the New York Times: "President Trump abruptly blew up a scheduled meeting with Democratic congressional leaders on Wednesday, lashing out at Speaker Nancy Pelosi for accusing him of a cover-up and declaring that he could not work with them until they stopped investigating him. He then marched out into the Rose Garden, where reporters had been gathered, and delivered a statement bristling with anger as he demanded that Democrats' get these phony investigations over with.' He said they could not legislate and investigate at the same time. 'We're going to go down one track at a time,' he said.... When [Pelosi] and Senator Chuck Schumer arrived at the White House, Mr. Trump was loaded for bear. He walked into the Cabinet Room, did not shake anyone's hand or sit in his seat, according to a Democrat informed about the meeting. He said he wanted to advance legislation on infrastructure, trade and other matters, but that 'Speaker Pelosi said something terrible today and accused me of a cover-up,' according to the Democrat. After just three minutes, he left the room before anyone else could speak, the Democrat said."

Mrs. McCrabbie: 11:40 am ET: It appears Trump has just blown off the infrastructure meeting with Congressional Democrats to hold a nearly-impromptu Rose Garden event so he can reiterate conspiracy theories, lies & misstatements related the Russia investigation. Reporters got no heads-up on what had happened with the meeting. Whine, whine, whine. "No collusion, no obstruction." Now he's said he walked into the room & told Pelosi & Schumer to "get these phony investigations over with," before going off on various other tangents. He's knocking the reporters sitting in front of him. He can't maintain a consistent thread. Apparently he's angry that House Democrats met this morning "about the 'i' word." It sounds as if he threw Pelosi & Schumer out of the White House, but he hasn't said so directly. The gist seems to be that he won't work with Democrats on anything, including infrastructure, until the House "finishes up" its investigations, but that's an inference, not a report on what Trump actually said. What a loon! There was a a printed "No Collusion, No Obstruction" poster exhibited on the podium, so apparently the "impromptu" speech was pre-planned. ...

     ... MSNBC is reporting that Pelosi & Schumer will offer a "rebuttal" of whatever that was. People who were in the meeting room said the president walked in, said he wanted to do infrastructure, trade, etc., but the meeting Pelosi had this morning was so inconsiderate, especially when she said Trump was engaged in a cover-up, that he wasn't going to deal with them till the investigations wrapped up "pouted a little more, then he walked out of the room. I'll post reports on this when they're available, but I'm leaving up my running "report" to give an idea of just how nuts & disjointed this presidential rant was. ...

     ... Pelosi began speaking a couple of minutes after noon & Schumer spoke after her. Of course they sounded, you know, sane. That's something.

Naomi Jagoda of the Hill: "Treasury Secretary Steven Mnuchin on Wednesday said that the department is trying to find out who wrote a draft IRS memo that found that the agency has to provide tax returns to Congress unless executive privilege is invoked." Mrs. McC: Hmm, sounds like an actual witch hunt.

Kyle Cheney of Politico: "The House Intelligence Committee has postponed a potential vote to hold Attorney General William Barr in contempt of Congress, citing efforts b the Justice Department to comply with their demand for access to special counsel Robert Mueller's files. 'The Department of Justice has accepted our offer of a first step towards compliance with our subpoena, and this week will begin turning over to the Committee twelve categories of counterintelligence and foreign intelligence materials as part of an initial rolling production,' committee chairman Adam Schiff said in a statement Wednesday. 'That initial production should be completed by the end of next week.'"

Missy Ryan & Greg Jaffe of the Washington Post: "Acting defense secretary Patrick Shanahan has mandated new restrictions on the way the Pentagon shares information with Congress about military operations around the world, a move that is straining ties with key Republican and Democratic lawmakers. In a May 8 internal memo, which was obtained by The Washington Post, Shanahan lays out the criteria for when Pentagon officials may provide congressional offices or committees information they request about operational plans and orders. The memo comes as lawmakers from both parties complain that the Trump administration has withheld information that prevents them from executing their constitutionally mandated oversight role. Some lawmakers are also concerned about whether Shanahan has allowed the military to be drawn too deeply into President Trump's immigration agenda."

~~~~~~~~~~

The Trump Scandals, Ctd.

Jonathan Chait of New York: "In a pre-Trumpian world, this sequence of events [at yesterday's rallying cry of 'treason' and Trump goading his AG Bill Barr to 'lock up' his political enemies] would set off a political crisis. In the surreal landscape we inhabit, it barely registers. But it is worth noting that Trump continues to commit impeachable offenses at an unprecedented pace. Last night's threats to make good on his 'lock them up' promises are merely one more in another recent flurry. The space between Trump's long-standing authoritarian rhetoric and the deployment of his powers of office is slowly collapsing on several fronts.... What cynics had waved off as Trump's cartoonish musings is slowly seeping its way into sanctioned government policy. The question of whether or not to impeach Trump has attached itself to the discrete drama of the Mueller report, which contains a large cache of Trumpian misconduct. But the misconduct is also an ongoing process with no clear endpoint. The impeachable offenses just keep coming." --safari: Chait identifies 5 impeachable acts just this week.

Nicholas Fandos of the New York Times: "Donald F. McGahn II, the former White House counsel, defied a House subpoena on Tuesday under order of the White House, stoking outraged Democrats to contemplate anew punitive measures, including opening an impeachment inquiry, to try to enforce Congress's oversight powers. The House Judiciary Committee convened the hearing on President Trump's attempts to obstruct the Russia investigation anyway, though without the man Democrats had hoped could serve as a star eyewitness as they seek to build a case before the public. Representative Jerrold Nadler of New York, the panel's chairman, opened the brief session with a stern warning both to Mr. McGahn and Mr. Trump. The House, he said, would move quickly to bring Mr. McGahn to court, citing him for contempt of Congress if he does not relent. 'This committee will hear Mr. McGahn's testimony, even if we have to go to court to secure it,' Mr. Nadler said, staring down at an empty chair for Mr. McGahn. He said the president's attempts to impede the Russia investigation, witnessed by Mr. McGahn and shared with the special counsel, Robert S. Mueller III, 'constitutes a crime.'" (Also linked yesterday afternoon.) ...

     ... The story has been updated. New Lede: "A bloc of liberal Democrats began pressing on Tuesday for an impeachment inquiry of President Trump, underscoring party divisions and the growing difficulties that Speaker Nancy Pelosi faces as she tries to chart a more methodical course." ...

... David Graham of the Atlantic: Nancy "Pelosi might be the biggest barrier between President Trump and an impeachment inquiry right now. Pelosi has made her personal opposition to impeaching Trump clear.... Until recently, most members of the Democratic caucus have been willing to go along with their leadership's position.... During a meeting on Monday... several Democrats told the speaker that it was time to launch an impeachment inquiry, including Representatives David Cicilline of Rhode Island, Jamie Raskin of Maryland, and Joe Neguse of Colorado. What's interesting about these members is they're all members of the Democratic leadership team." ...

... The blurb on Eric Levitz's New York post on the House Democrats' debate gives a hint of Levitz's view on the matter: "Pelosi shares her members' concerns about Trump's dino clones, but says impeachment would distract from their message on Gym Membership Tax Credits.

... Greg Sargent of the Washington Post: As House Democrats were conducting a closed-door meeting re: how to move forward in the face of Trump's stonewalling of subpoenas, "Trump was shouting to a rally crowd in Pennsylvania that the FBI and Democrats are guilty of 'treason,' vowing that Attorney General William P. Barr would investigate -- that is, investigate his political opponents for invented crimes.... One Democrat involved in the Monday debate was Rep. Jamie Raskin (D-Md.), a constitutional law professor.... 'I think that overwhelming evidence has been presented to us in the Mueller report, and outside of it too, of high crimes and misdemeanors, and we should launch an impeachment inquiry. Remember, an inquiry doesn't prejudge the outcome. We're not talking about articles of impeachment,' [Raskin told Sargent]." (Also linked yesterday afternoon.)

Actually, an excellent wrap-up of TrumpNews:

Jeremy Herb, et al., of CNN: "Special counsel Robert Mueller's team has expressed reluctance to him testifying publicly in front of the House Judiciary Committee, according to sources familiar with the matter. The special counsel's team has conveyed the notion that Mueller does not want to appear political after staying behind the scenes for two years and not speaking as he conducted his investigation into ... Donald Trump. One option is to have him testify behind closed doors. But the notion that Mueller would only answer questions in private has become a sticking point, according to a source, as Democrats believe the public needs to hear directly from the special counsel. Rank-and-file Democrats made clear Tuesday they believe Mueller must testify publicly...." ...

     ... Mrs. Bea McCrabbie Note to Bob: It is not "political" to testify truthfully at a Congressional hearing. ...

     ... digby: "I hope this is a strategic move by the Mueller team in order to assure the public that they are reluctant participants in the partisan wars in order to preserve their credibility.... But it's also true thatBarr and Mueller grew out of the same political petrie dish. Maybe when push comes to shove, Mueller just can't separate himself from his homies." ...

... Maybe the Reluctance to Testify Publicly Isn't Mueller's. Katherine Faulders, et al., of ABC News: "Democrats on the House Judiciary Committee are pushing back on terms offered by Justice Department officials for ... Robert Mueller's testimony, objecting to a proposal for him to give a public opening statement before answering questions behind closed doors, according to multiple sources familiar with the negotiations.... A Justice Department official said Mueller's team is 'directly negotiating with the Hill.' While House Democrats aren't ruling out having closed-door testimony for portions of the report, they want to have Mueller answer at least some questions in a public setting. The committee has been in discussions with Mueller's team within the Justice Department over the past month. Sources have said that Mueller is seeking guidance from DOJ's Office of Legal Counsel ahead of any planned testimony to advise on what he can and cannot say." ...

     ... Mrs. McCrabbie: If Mueller is seeking Barr's & the OLC's "advice," he is not being an honest actor. He reads newspapers. He knows what-all Barr & the OLC are doing to help Trump stonewall. AND, if the ABC report is accurate, then -- you may be shocked, shocked to learn -- Bill Barr has been lying when he's said, "It's Bob's call whether he wants to testify."

Jeremy Herb & Manu Raju of CNN: "The House Judiciary Committee on Tuesday issued subpoenas to former White House officials Hope Hicks and Annie Donaldson for documents and testimony, setting the stage for another clash with the White House over former officials appearing before Congress."

** Jeff Stein & Josh Dawsey of the Washington Post: "A confidential Internal Revenue Service legal memo says tax returns must be given to Congress unless the president takes the rare step of asserting executive privilege, according to a copy of the memo obtained by The Washington Post. The memo contradicts the Trump administration's justification for denying lawmakers' request for President Trump's tax returns.... Trump has refused to turn over his tax returns but has not invoked executive privilege. Treasury Secretary Steven Mnuchin has instead denied the returns by arguing there is no legislative purpose for demanding them. But according to the IRS memo..., the disclosure of tax returns to the committee 'is mandatory, requiring the Secretary to disclose returns, and return information, requested by the tax-writing Chairs.' The 10-page document says the law 'does not allow the Secretary to exercise discretion in disclosing the information provided the statutory conditions are met' and directly rejects the reason Mnuchin has cited for withholding the information. '[T]he Secretary's obligation to disclose return and return information would not be affected by the failure of a tax writing committee ... to state a reason for the request,' it says.... The memo is stamped 'DRAFT,' it is not signed, and it does not reference Trump.... The agency says IRS Commissioner Charles Rettig [Mrs. McC: who wrote an op-ed saying Trump should not have to release his tax returns before Trump nominated him] and current chief counsel Michael Desmond [Mrs. McC: whom Trump pushed the Senate to confirm quickly], who was confirmed by the Senate in February, were not familiar with it until a Post inquiry this week.... Mnuchin and other senior staff members never reviewed the IRS memo, according to a Treasury spokesman." ...

... Sophie Weiner of Splinter: The memo "also notes that if Trump does invoke executive privilege, he might be asked to justify it. That justification would have to be something other than a desire to avoid a subpoena. This is a pretty iron-clad opinion stating that the tax returns must be given to Congress." ...

... Josh Marshall: "... the memo says the only option the White House has is to invoke executive privilege, an option even the memo writer didn't seem to think had much merit.... The doctrine of executive privilege has virtually always been held to apply to the internal policy-making, advice-giving, deliberative process within the executive branch. The Supreme Court has made clear it's not absolute privilege. But that's the general logic. There's really no way the President's personal finances or the administration of his personal taxes can come under that penumbra. It';s definitional. His taxes are tied to the individual person, not the President." ...

... Elliot Hannon of Slate: "The legal reasoning, prepared before the current head of the IRS and chief counsel took over, gives some perspective on just how far the Trump administration is twisting the law to cover for the president." ...

... Catherine Rampell of the Washington Post: "How much of [Trump's] craziest, most paranoid and norm-violating behavior is motivated by a desire to keep his financial arrangements secret? It began with Trump's bizarre refusal to release his tax returns, in defiance of both a nearly half-century practice and Trump's own promise that he'd do so. Then there was his refusal to divest from his sprawling multinational empire, or even put it into a blind trust -- either of which would have forced at least some information disclosure to a third party. There were also the interviews and tweetstorms calling journalists who report on his finances 'enemies of the people,' and suggestions that federal officials who audit him are anti-Christian. As well as his implicit threat in 2017 that he would fire ... Robert S. Mueller III if he crossed a 'red line' by examining Trump's personal financial dealings.... All of which raises the question: Why exactly is Trump (and the rest of his administration) expending so much energy and political capital to keep these documents hidden?... We don't know what Trump is working so hard to hide, but we have a lot of hints. They're all troubling. Which is precisely why it's so important that Congress ... conduct a forensic audit of Trump's worldwide financial dealings."

Laura Jarrett of CNN: "The Justice Department is trying to stave off an 'enforcement action' against Attorney General William Barr this week, making a rare offer to have the House Intelligence Committee review materials from special counsel Robert Mueller's report if House Intelligence Chairman Adam Schiff agrees to back down. Last week Schiff said that he would hold a business meeting Wednesday to take an unspecified action against the Justice Department for not providing the committee documents related to Volume I of Mueller's report on links between the Trump campaign and the Russian government. The Justice Department had previously offered to show all committee members a less redacted version of the Mueller report, but now says it's continuing to review the initial tranche of 12 categories of documents Schiff wants, and will make them available 'in relatively short order,' according to a letter obtained by CNN."

Allan Smith of NBC News: "New York state lawmakers passed a measure Tuesday that would allow prosecutors to pursue state charges against certain individuals even if they have received a presidential pardon, a move seen as a direct shot at ... Donald Trump. New York's state Assembly passed the measure -- which creates a narrow exception in the state's double-jeopardy law -- by a 90-52 vote. New York law currently prohibits the state from prosecuting a person who has already been tried for the same crime by the federal government. The bill would make it easier for prosecutors in certain circumstances to pursue a case against someone who has received a presidential pardon for the federal conviction.... The change was backed by New York Attorney General Letitia James, who is investigating Trump and his family members, and Democratic Gov. Andrew Cuomo, who has indicated he will sign the bill.... Since the bill already passed the state Senate earlier this month, it is now headed to Cuomo's desk for his approval."

Erin Banco of the Daily Beast: "Former secretary of state Rex Tillerson spoke with the leaders of the House Foreign Affairs committee on Tuesday in a lengthy session that, an aide said, touched on his time working in the Trump administration, the frictions he had with the president's son-in-law, and efforts to tackle issues like Russian interference in the 2016 election. Tillerson's appearance, first reported by The Daily Beast, took place as virtually every other Trumpworld luminary has been stonewalling congressional oversight efforts. At the same time the former secretary of state was speaking before lawmakers, former White House counsel Don McGahn was ignoring a subpoena to testify in front of the House Judiciary Committee. Tillerson's arrival at the Capitol was handled with extreme secrecy.... Tillerson reached out to the committee and expressed a willingness to meet, a committee aide said. In a more than six-hour meeting, he told members and staffers that the Trump administration actively avoided confronting Russia about allegations of interference in the election in an effort to develop a solid relationship with the Kremlin, a committee aide told The Daily Beast."

Anthony Cormier & Jason Leopold of BuzzFeed News:"Newly released transcripts from the House Intelligence Committee appear to support earlier reporting by BuzzFeed News, which revealed in January that [Michael] Cohen had told prosecutors the president directed him to lie, and that a group of lawyers crafted his false testimony to Congress. Shortly after that story was published, the office of special counsel Robert Mueller issued a rare public statement that said unspecified elements were 'not accurate.'... These new transcripts, from testimony that Cohen gave behind closed doors this past February and March..., contain startling accounts of the Trump family and their attorneys shaping Cohen's lies" and suggest "Trump crafted ... Cohen's lies more closely than qas previously known." The reporters offer examples. ...

     ... Mrs. McCrabbie: As several pundits have pointed out, Trump lawyer Jay Sekulow has issued a non-denial denial of the newly-released testimony. If Cohen was telling the truth about the first incident Cormier & Leopold describe, then Sekulow knows Trump instructed Cohen to lie to Congress. Even though testimony suggests only Trump & his lawyers Cohen & Sekulow were in the room, it seems to me attorney-client privilege should be revoked by the crime-fraud exception; i.e., Sekulow could be forced to testify against Trump in this matter. I'm not an attorney, but I do have my quasi-ignorant opinions.

Jacqueline Thomsen of the Hill: "A federal judge on Tuesday ordered the release of search warrants relating to ... Michael Cohen that had been sought by ... Robert Mueller. Beryl Howell, the chief judge for the U.S. District Court in Washington, D.C., wrote in her order Tuesday that the documents can be unsealed after the government makes any necessary redactions. A group of media outlets -- including The New York Times, Politico and The Washington Post -- had requested that the search warrants issued by the D.C. court be released after they were referenced in previously unsealed search warrant materials in the Southern District of New York. The released documents are expected to reveal further details on Mueller's own attempts to investigate Cohen before the special counsel referred the case to federal prosecutors in New York."

Spencer Hsu & Ann Marimow of the Washington Post: "A federal appeals court Tuesday refused to block a grand jury subpoena for testimony by Roger Stone associate Andrew Miller in an investigation launched by special counsel Robert S. Mueller III, clearing the way for a final appeal to the Supreme Court in the long-running legal dispute. Miller was subpoenaed in June 2018 in Mueller's probe for information about longtime Trump friend and GOP operative Stone, as well as key figures in the 2016 hacking and public release of Democratic Party emails, including by the anti-secrecy group WikiLeaks, led by Julian Assange.... The three-judge panel gave Miller seven days to persuade the Supreme Court to take the case. If he fails, or the high court rules against him, Miller faces an August contempt finding by U.S. District Chief Judge Beryl A. Howell of Washington for refusing to testify, an order that would leave him facing jail if he continues to decline to appear." ...

     ... Mrs. McCrabbie: Miller must (1) have access to lots of money to throw at lawyers; or (2) have some really damaging information on Stone and/or Trump; or (3) be a terribly, terribly "principled" young man. I doubt if he has lots of money; according to this August 2018 CNN story, he's a Missouri house painter who worked off & on as an aide to Stone.

See also Li Zhou's post on Mitch McConnell's refusal to bring up votes on election security bills, linked below.


Trump Threatens Democrats on Eve of Infrastructure Meeting. Tanya Snyder & Nancy Cook
of Politico: "On the eve of a highly anticipated meeting with Democrats at which ... Donald Trump was expected to unveil a way to fund a $2 trillion infrastructure proposal, Trump instead put Congress on notice that it will have to take a backseat to a trade deal. 'Before we get to infrastructure, it is my strong view that Congress should first pass the important and popular USMCA trade deal,' Trump wrote in a letter to ... Nancy Pelosi and ... Chuck Schumer Tuesday evening." The reporters cite a number of other issues where Trump & Democrats appear to disagree. Mrs. McC: Gee, maybe Congress won't pass an humungous infrastructure bill, after all.

Alexandra Stevenson of the New York Times: "President Xi Jinping of China called for the Chinese people to 'start again' and begin a modern 'long march,' invoking a turning point in Communist Party history as the country braces for a protracted trade war with the United States.... While Mr. Xi did not mention the trade war in his comments, they are the strongest signal yet that Beijing has abandoned hopes of a deal with the United States on the issue in the near term." ...

     ... Mrs. McCrabbie: I assume that, for once, Trump wasn't lying when he assured the world that "trade wars are good, and easy to win." Of all of the fundamentals of international trade that Trump doesn't understand, this is the most basic. A lie is a knowing thing; Trump believed he could "win easily." He is probably mad as hops at his trade negotiators because they were too incompetent to "win" the trade war Trump initiated with China. Funny how Trump didn't step into the negotiations and "win" the war for them.

Maggie Haberman & >Zolan Kanno-Youngs of the New York Times: "President Trump is expected to name Kenneth T. Cuccinelli II, a former attorney general of Virginia and an immigration hard-liner, as his choice to coordinate the administration's immigration policies, a White House official confirmed on Tuesday. The specifics of the role -- including the title and the scope of duties -- are still being hashed out, according to the official. But Mr. Cuccinelli is expected to be based in the Department of Homeland Security, not in the White House." (Also linked yesterday afternoon.)

Li Zhou of Vox: "Although several Republican-controlled Senate committees are still trying to address potential meddling by foreign adversaries -- the Judiciary Committee approved two election security bills last week -- the Senate majority leader [Mitch McConnell] now says he won't even bring election security bills up for a vote. It's a position McConnell took last year, and one he's standing by as pressure has ramped up to consider reinforcing US defenses ahead of 2020.... Republican leadership appears content to sit idly by despite numerous warnings about the need for more resources to prevent potential breaches." --s

Congresswomen Stump Ole Doc Ben. Colby Itkowitz of the Washington Post: Housing Secretary Ben "Carson appeared before the House Financial Services Committee for more than three hours [Tuesday], fielding questions on housing policies. Several times he stumbled as Democrats, especially the women on the committee, tried to poke holes in his knowledge of the agency he runs." Itkowitz gives some examples, the best of which is this one:

     ... Katie Porter (D-Calif) told CNN later, "He actually sent a family-size box of Double Stuff Oreos to our office. And while I was pleased to receive correspondence from him, what I'm really looking for is answers." Mrs. McC: Ole Doc might have been a more effective witness at the hearing if he had some interest in his job. Porter later told Lawrence O'Donnell of MSNBC that Ole Doc invited her to come to his office & explain stuff -- like his job. Good thing that the Congresswomen didn't ask Carson to ID any other obscure acronyms, like FHA & HUD. Update: Colbert has another great cut from the hearing; video embedded above.

Damian Paletta & Erica Werner of the Washington Post: "House Minority Leader Kevin McCarthy (R-Calif.) blocked a bipartisan attempt to limit Chinese companies from contracting with U.S. transit systems, a move that benefited a Chinese government-backed manufacturer with a plant in his district, according to multiple people familiar with the matter. His behind-the-scenes intervention came as Congress was trying this year to craft a spending compromise to avert another government shutdown.... BYD Motors is a division of BYD Co., a giant Chinese manufacturer.... Stella Li, BYD Motors president, is a campaign contributor to McCarthy, and the lawmaker spoke at a ribbon-cutting for BYD's California plant in 2017.... McCarthy's intervention was striking because the close ally of President Trump sought to protect Chinese interests at a time when Trump and many lawmakers on Capitol Hill are attempting to curb Beijing's access to U.S. markets, particularly in industries deemed vital to national security. Just last week, Trump put Chinese telecom giant Huawei on a trade 'blacklist' that severely restricts its access to U.S. technology."

E. A. Crunden of ThinkProgress: "A Tuesday Senate hearing reviewing the impact of climate change on agriculture featured a strong defense of industry, at a time when the role of the sector in contributing to global warming is under growing scrutiny.... The four-speaker panel, however, was dominated by industry ties, with an emphasis on livestock. No climate scientists spoke on the panel. Experts say a significant amount of research and data has established the relationship between agriculture and global warming. Around 8% of U.S. emissions come from farming, with some 42% of those emissions generated by animal agriculture." --s

Congressional Election 2019. Max Greenwood of the Hill: "Fred Keller, a Republican state representative, beat Democrat Marc Friedenberg in the race to represent Pennsylvania's 12th District on Tuesday. Keller’s victory means that the north-central Pennsylvania district will remain in Republican hands after former Rep. Tom Marino (R-Pa.) stepped down in January, less than one month into his fifth term in office. The 12th District still tilts heavily in the GOP's favor, unlike several districts in Pennsylvania that became more competitive for Democrats after the state Supreme Court ordered the state's congressional lines to be redrawn. President Trump would have carried the district by 36 points in 2016 had the state's current congressional boundaries been in place that year, and Keller outspent Friedenberg by more than $140,000, according to federal filings. Keller also got a last-minute boost on Monday when Trump held a rally in Montoursville, inside the 12th district, to campaign with the GOP hopeful. Speaking to supporters there, Trump declared that the special election was tantamount to a 'referendum' on his presidency."

Carol Rosenberg of the New York Times: "He was the 'American Taliban' captured during the invasion of Afghanistan in the fall of 2001. Pictures showed him as a gaunt, filthy, 20-year-old held in the aftermath of a prison uprising that claimed the first United States casualty of the war, a 32-year-old C.I.A. officer named Johnny Micheal Spann. On Thursday, that captive, John Walker Lindh, is scheduled to leave a federal prison in Terre Haute, Ind., released on probation after serving 17 years of a 20-year sentence for providing support to the Taliban."

Joe Romm of ThinkProgress: "The politically powerful Koch network is looking to change its image. In the face of rising support for progressive policies, the well-funded network wants to rebrand from greedy capitalists to benevolent philanthropists. Until the Kochs and their fellow donors stop supporting policies that increase income inequality and all forms of pollution however, any effort to create a new image will be nothing more than greenwashing.... 'The Seminar Network' ... is changing its impersonal-sounding name to the more benevolent 'Stand Together Foundation.'... [Ten] months ago, the AP reported that the Kochs 'have quietly launched a rebranding effort' aimed at replacing the term 'Koch brothers' with 'Koch network.'... All of this rebranding is reportedly occurring because Charles Koch says he is not as interested in national politics as his brother David, who stepped down from active involvement in the network for health reasons last year." --s

Daniel Arkin & Alex Johnson of NBC News: "Abortion rights activists took to the streets across the country on Tuesday to protest the recent wave of restrictive state laws.... In Washington, D.C., hundreds of abortion rights advocates -- including some Democrats running for the presidential nomination -- massed in front of the Supreme Court. 'We are not going to allow them to move our country backward,' pledged Amy Klobuchar, Minnesota senator and 2020 hopeful, from a lectern near the high court. Three more Democratic presidential candidates, Sen. Kirsten Gillibrand of New York, Sen. Bernie Sanders of Vermont and South Bend, Indiana, Mayor Pete Buttigieg, also attended the Washington rally."

Beyond the Beltway

Kentucky. Tom Loftus of the Louisville Courier Journal: "Incumbent Matt Bevin survived an unexpectedly tough primary challenge Tuesday to win the Republican Party nomination and seek a second term as governor. But the relatively narrow margin indicated that Bevin's support among Republicans is strained, particularly in Eastern Kentucky. The Associated Press called Bevin's victory at about 8 p.m. ove second-place finisher Robert Goforth, a state representative from East Bernstadt. Two other Republican candidates —Ike Lawrence of Lexington and William E. Woods of Corinth -- finished well behind Goforth. With more than half the vote counted, Bevin and running mate Ralph Alvarado had about 51 percent of the vote compared with 40 percent for Goforth and his running mate, Michael Hogan, according to unofficial results." ...

... Philip Bailey of the Louisville Courier Journal: "Andy Beshear rode his record as attorney general and his family name to win the closely watched Democratic primary for Kentucky governor, which sets up what could be a deeply personal contest against Republican incumbent Matt Bevin this fall. The Associated Press called the race for Beshear at 8:40 p.m. With nearly all of the votes counted later Tuesday, Beshear had 38% of the vote. Kentucky House Minority Leader Rocky Adkins, of Sandy Hook, came in second by cleaning up in the eastern half of the state. He trailed Beshear with 33% of the vote.... Beshear, 41, the state attorney general and son of former Gov. Steve Beshear, was able to stiff-arm a surge from [former state auditor Adam] Edelen, a former chief of staff in his dad's administration, who along with a super PAC unleashed some stinging attacks in the primary's final weeks."

Way Beyond

Emma Graham-Harrison of the Guardian: "A web of far-right Facebook accounts spreading fake news and hate speech to millions of people across Europe has been uncovered by the campaign group Avaaz. Facebook, which is struggling to clean up the platform and salvage its reputation, has already taken down accounts with about 6 million followers before voting in the European elections begins on Thursday. In total, the group reported more than 500 suspect groups and Facebook pages operating across France, Germany, Italy, the UK, Poland and Spain. Most were either spreading fake news or using false pages and profiles to artificially boost the content of parties or sites they supported, in violation of Facebook's rules.... The networks were far more popular than the official pages of far-right and anti-EU populist groups in those countries. The pages taken down by Facebook so far had been viewed half a billion times, Avaaz estimated."