The Ledes

Thursday, September 19, 2024

New York Times: “A body believed to be of the suspect in a Kentucky highway shooting that left five people seriously injured this month was found on Wednesday, the authorities said, ending a manhunt that stretched into a second week and set the local community on edge. The Kentucky State Police commissioner, Phillip Burnett Jr., said in a Wednesday night news conference that at approximately 3:30 p.m., two troopers and two civilians found an unidentified body in the brush behind the highway exit where the shooting occurred.... The police have identified the suspect of the shooting as Joseph A. Couch, 32. They said that on Sept. 7, Mr. Couch perched on a cliff overlooking Interstate 75 about eight miles north of London, Ky., and opened fire. One of the wounded was shot in the face, and another was shot in the chest. A dozen vehicles were riddled with gunfire.”

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

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

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

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

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

Click on photo to enlarge.

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

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

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

Washington Post: “An early Titian masterpiece — once looted by Napolean’s troops and a part of royal collections for centuries — caused a stir when it was stolen from the home of a British marquess in 1995. Seven years later, it was found inside an unassuming white and blue plastic bag at a bus stop in southwest London by an art detective, and returned. This week, the oil painting 'The Rest on the Flight into Egypt' sold for more than $22 million at Christie’s. It was a record for the Renaissance artist, whom museums describe as the greatest painter of 16th-century Venice. Ahead of the sale in April, the auction house billed it as 'the most important work by Titian to come to the auction market in more than a generation.'”

Washington Post: The Folger Shakespeare Library in Washington, D.C., which houses the world's largest collection of Shakespeare material, has undergone a major renovation. "The change to the building is pervasive, both subtle and transformational."

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Publisher & Editor: Marie Burns


Thursday
Jan302020

The Commentariat -- January 31, 2020

Late Morning/Afternoon Update:

Kevin Rawlinson of the Guardian (@18:00 ET in Friday's liveblog): "The United Kingdom has left the European Union. As the clock struck 11pm GMT, the nation officially enacted the biggest constitutional change in living memory and, in doing so, became the first member state ever to leave the EU."

Mrs. McCrabbie: The motion to issue subpoeanas for documents & witnesses in the impeachment proceedings against Trump failed 51-49, with Romney & Collins voting with Democrats.

The New York Times' live updates of the impeachment proceedings are here. "Senator Mitch McConnell, Republican of Kentucky and the majority leader, called a recess after the vote, but gave no indication how long it would last."

"... Adam B. Schiff ... rose one final time on Friday to appeal to a Senate that had already essentially made up its mind against him. Vote for additional witnesses and documents, he implored them, or risk 'long lasting and harmful consequences long after this impeachment trial is over.' Mr. Schiff's warning to senators was threefold: First, he said, it would set a dangerous precedent for every future impeachment trial that witnesses and evidence were not necessary; second, the facts about Mr. Trump's pressure campaign on Ukraine will come out regardless; and third, Americans will see that for the president, there is a double standard of justice." ~~~

~~~ "Senator Lisa Murkowski, Republican of Alaska, said Friday she would vote against including new witnesses and documents in President Trump's impeachment trial.... In a statement released just as the House managers began pleading their case for witnesses, Ms. Murkowski called their impeachment articles too 'rushed and flawed' to warrant prolonging the trial. But she also said she had become convinced that the Senate would be unable to deliver a fair trial...." ~~~

"John F. Kelly, President Trump's former chief of staff and secretary of homeland security, said on Friday that the Senate would be known forever as a body that 'shirks its responsibilities' if it wraps up the trial of his former boss without hearing witnesses."

** Maggie Haberman & Michael Schmidt of the New York Times: "More than two months before he asked Ukraine's president to investigate his political opponents, President Trump directed John R. Bolton, then his national security adviser, to help with his pressure campaign to extract damaging information on Democrats from Ukrainian officials, according to an unpublished manuscript by Mr. Bolton. Mr. Trump gave the instruction, Mr. Bolton wrote, during an Oval Office conversation in early May that included the acting White House chief of staff, Mick Mulvaney, the president's personal lawyer Rudolph W. Giuliani and the White House counsel, Pat A. Cipollone, who is now leading the president's impeachment defense. Mr. Trump told Mr. Bolton to call Volodymyr Zelensky, who had recently won election as president of Ukraine, to ensure Mr. Zelensky would meet with Mr. Giuliani, who was planning a trip to Ukraine to discuss the investigations that the president sought, in Mr. Bolton's account. Mr. Bolton never made the call, he wrote. The previously undisclosed directive that Mr. Bolton describes would be the earliest known instance of Mr. Trump seeking to harness the power of the United States government to advance his pressure campaign against Ukraine, as he later did on the July call with Mr. Zelensky...." ~~~

     ~~~ Brett Samuels of the Hill has a summary report on the NYT story: "Cipollone's involvement in meetings about the pressure campaign on Ukraine would place additional scrutiny on the White House counsel. While leading Trump's defense in the impeachment trial, Cipollone has insisted there is no evidence of wrongdoing by the president and argued that the Senate does not need to hear from Bolton."

Steve Benen of MSNBC: "The lawyer for Lev Parnas ... reached out to Senate Majority Leader Mitch McConnell (R-Ky.) this afternoon, sending him a letter signaling what Parnas would say if he's allowed to testify in the trial as a witness under oath. From the letter (pdf): 'If Lev Parnas was called as a witness, he would provide testimony based upon personal knowledge, corroborated by physical evidence..., which is directly relevant to the president's impeachment inquiry.... Mr. Parnas would testify to the efforts he and a handful of Republican operatives engaged in over a period of months, to remove Ambassador Marie Yovanovitch and gather 'dirt' on Joe and Hunter Biden. Mr. Parnas would testify that those holding various roles in this plot included GOP super PAC America First, President Trump, Vice President Pence, former Energy Secretary Rick Perry, Secretary of State Mike Pompeo, Attorney General Bill Barr, Sen. Lindsey Graham, Congressman Devin Nunes, Nunes' Staffer Derrick Harvey, Journalist John Soloman, Attorneys Joe diGenova and Victoria Toensing, [Rudy] Giuliani, and others. He is prepared to review and explain relevant phone records, text messages, and other evidence in connection with these activities.'"

Mrs. Bea McCrabbie: The only "experience" Trump brought to the top job was his "professional" career building tall things. Let's see how well his sole area of "expertise" has worked out: ~~~

     ~~~ Bienvenido a los Estados Unitos. Nick Miroff of the Washington Post: "President Trump's border wall probably will require the installation of hundreds of storm gates to prevent flash floods from undermining or knocking it over, gates that must be left open for months every summer during 'monsoon season' in the desert, according to U.S. border officials, agents and engineers familiar with the plans. The open, unmanned gates in remote areas already have allowed for the easy entry of smugglers and migrants into the United States." ~~~

     ~~~ Just yesterday, we learned from Matt Stieb of New York that "... on Wednesday, Customs and Border Protection confirmed to CNN that newly-installed wall panels in Calexico, California were knocked down by wind gusts of up to 37-miles-per-hour, causing the metal slats to timber into Mexican territory[.]... The wall has faced a few setbacks that contradict Trump's claims of near-impenetrability, like in November when the Washington Post reported that smugglers were using reciprocating saws -- available for less than $100 -- to cut through sections of the steel-bollard barrier in minutes. And though the president has claimed that no one would be able to climb the wall, smugglers have found a simple summiting method, using rebar ladders to hoist up one side, and rope ladders to scale down the other."

Nishita Jha of BuzzFeed News: "A former aspiring actor [Jessica Mann] testified Friday that Harvey Weinstein forced oral sex on her, raped her, and then manipulated her into a sexually humiliating relationship, which she said included him wanting to film her having sex, urinating on her, and asking if she liked his 'big Jewish dick.'" ~~~

~~~ Pilar Melendez of the Daily Beast: "'The first time I saw him fully naked, I thought he was deformed and intersex,' [Jessica Mann] said, as Weinstein put his head into his hand. 'He has extreme scarring that I didn’t know if he was a burn victim but it didn't make sense. He does not have testicles and it appears that he has a vagina.'"

~~~~~~~~~~

The Guardian's liveblog of today's developments is here. @9:41 am ET: "A spokesperson for Mitt Romney has confirmed the Republican senator intends to vote in favor of calling witnesses in the impeachment trial."

Mrs. Bea McCrabbie: Per Manu Raju of CNN: Susan Collins issued a statement at about 10:50 pm ET Thursday that she would vote for witnesses & documents. Lisa Murkowski said in a statement she's still thinking about it & won't make a statement Thursday. Mitt Romney has been pushing for witnesses. Lamar Alexander said he has made a decision, has informed Mitch McConnell of it & will put out a statement within about an hour (of 10:45 pm ET). ** Update: Alexander said no to witnesses & docs. ~~~

~~~ Alexander Bolton of the Hill: "Sen. Lamar Alexander (R-Tenn.) announced Thursday night that he will vote against a motion to consider subpoenas for additional witnesses and documents at the impeachment trial, putting the chamber on track to acquit President Trump on Friday or Saturday. 'There is no need for more evidence to prove that the president asked Ukraine to investigate Joe Biden< and his son, Hunter; he said this on television on October 3, 2019, and during his July 25, 2019, telephone call with the president of Ukraine,' Alexander said in a statement released shortly after the Senate ended 16 hours of questions to the impeachment managers and lawyers for Trump's defense." ~~~

     ~~~ Nicholas Fandos, et al., of the New York Times: "Mr. Alexander's statement was a strong indication that Republicans had lined up the votes to block a call for more witnesses and documents on Friday and press toward a quick acquittal in the third presidential impeachment trial in history. His opposition was a significant victory for the White House and Republican leaders.... In announcing his stance, Mr. Alexander effectively conceded that the president had engaged in a corrupt effort to leverage taxpayer money to advance his own political objectives -- the basis of the abuse-of-power charge against him -- but said he had concluded such actions were not impeachable. He called the second charge, obstruction of Congress, 'frivolous.'" Mrs. McC: Because, naturally, a member of the royal court Congress would consider it "frivolous" when another branch of government's strips Congress of its Constitutional prerogatives. The GOP is more radical than any American fringe party. ~~~

~~~ Jordain Carney of the Hill: "Sen. Susan Collins (R-Maine) said Thursday night that she will vote to allow new witnesses and documents as part of President Trump's impeachment trial in the Senate. Collins is the first Republican senator to formally say she will vote yes on a blanket up-or-down vote, scheduled for Friday, that would open the door to hearing from new witnesses as part of the Senate proceeding." ~~~

~~~ Mike DeBonis, et al., of the Washington Post: "The impeachment trial of President Trump is headed for a critical vote Friday that will determine whether the Senate hears from witnesses over allegations that the president pressured Ukraine to launch investigations for his own political benefit. But Senate Republicans are increasingly confident no new testimony will be heard and they can start on a sprint toward Trump's acquittal.... Some Republicans said they hope the trial will be completed Friday with a vote to acquit Trump.... One outside possibility is that the Senate will deadlock on the question of calling witnesses. That would put Chief Justice John G. Roberts Jr. in the position of breaking the tie -- a role Democrats are urging him to play. But there is little expectation Roberts would weigh in on such a politically thorny question and instead would allow the tie to result in no witness being subpoenaed." A Politico story is here.

Marina Pitofsky of the Hill: "Former national security adviser John Bolton at a private event on Thursday defended the officials who testified in the House impeachment inquiry into President Trump. Bolton, speaking in Austin, Texas, said members of the Trump administration should 'feel they're able to speak their minds without retribution,' KXAN reported. The former national security adviser defended former National Security Council senior director for Europe and Russia Fiona Hill, former top National Security Council aide Tim Morrison, Lt. Col. Alexander Vindman, Bill Taylor, the former top U.S. diplomat to Ukraine and former Ambassador to Ukraine Marie Yovanovitch, the outlet reported." Mrs. McC: You didn't testify, Mr. Mustache, because ... book sales???

Mara Gay of the NYT editorial board said on MSNBC Thursday night something I've been thinking about throughout this Potemkin trial: that she felt just as she felt growing up black -- that her country had failed her. No matter what color we are, today is a day the best of us are all black Americans. The worst of us -- and there are millions of them -- have carelessly accepted or support the right-wing machine.

Adam Schiff is remarkable. Listen to how he not only thinks on his feet but also nails it on his feet:

Mrs. McCrabbie: As Adam Schiff said in yesterday's proceedings, "You can't make this stuff up." Trump's lawyers are of course arguing that the House has no authority to subpoena the President* so the second article of impeachment is invalid and Trump must be acquitted. According to Schiff, the DOJ was in court yesterday arguing that the courts have no jurisdiction over the executive to force the President* to answer Congressional subpoenas. "What's the remedy, then?" a judge asked the DOJ lawyers. The DOJ's response: "Impeachment!"

Here are the New York Times' live updates of yesterday's impeachment proceedings. (Also linked yesterday afternoon.) ~~~

~~~ Sheryl Stolberg & Michael Shear: "After failing to get Chief Justice John G. Roberts Jr. to read the name of the person widely thought to be the whistle-blower whose complaint prompted the impeachment inquiry into President Trump, Senator Rand Paul, Republican of Kentucky, did so himself on Thursday. Mr. Paul, who left the Senate chamber while the impeachment trial was in session to hold a news conference about Mr. Roberts's refusal to read his question, said it 'deserved to be asked.' He said the question had nothing to do with the whistle-blower, then he proceeded to read it aloud and name the person." See also Akhilleus's earlier comment in yesterday's thread.

I Didn't Say What You Heard Me Say on Those Lying Videotapes. Quint Forgey of Politico: "Alan Dershowitz ... on Thursday claimed the media twisted his words when he made the controversial legal argument that a president could engage in a quid pro quo for personal political benefit as long as the president believes his or her reelection is in the public interest. In a series of a dozen tweets, the former Harvard law professor and prominent criminal defense lawyer claimed that 'CNN, MSNBC and some other media willfully distorted my answers' from Wednesday's Senate impeachment trial proceedings.... 'I hear he's correcting it on TV today. That seems to be Mr. Dershowitz's pattern,' [Chuck] Schumer said at a news conference in the Capitol. 'He gives a statement on the floor and then spends the next day correcting it. What a load of nonsense.'" ~~~

Taking advantage of the fact most of their viewers didn't actually hear the senate Q and A, CNN, MSNBC and some other media willfully distorted my answers. -- Alan Dershowitz, in a tweet today ~~~

     ~~~ You horrible people have mischaracterized Alan Dershowitz because you listened to the left-wing, lamestream media. In responses to Dersh's tweet in his Twitter thread, Elie Honig (CNN) and Barbara McQuade (MSNBC), however, disagree, for some reason: like -- because what Alan said. Thanks to Ken W. for the link. ~~~

~~~ ** "The Normalization of Lawlessness." Charlie Savage of the New York Times: "... the wave of outrage [against Dershowitz's presentation] underscored how the politics of the Trump era -- and his lawyers' efforts to help Mr. Trump advance his agenda and defend himself from scrutiny -- have become infused with concerns about executive power overreach.... The list of ways in which Mr. Trump and his legal team have pushed limits is growing." Read on, as Charlie counts the ways.... "Adam Schiff ... told the Senate on Thursday that Mr. Trump's team had embraced the vision of a presidency that exists above the law -- 'when the president does it, that means it is not illegal' -- that Richard Nixon famously articulated to defend his conduct after Watergate. 'We are right back to where we were a half-century ago -- and I would argue we may be in a worse place because this time, this time that argument may succeed,' Mr. Schiff said, accusing Trump defenders of embracing 'the normalization of lawlessness' by a president."

Josh Marshall of TPM: "I've said many times that it's the Republican Senate rather than Donald Trump who is on trial in this exercise.... What we have seen is more and more evidence or at least a clearer and clearer illustration of what Senate Republicans will accept from President Trump. No real trial. No witnesses. Open arguments that using state power to coerce foreign leaders to sabotage U.S. elections is fine and indeed proper.... But even if Trump is not reelected we will still have the very same people now helping to finalize Trump's cover up either running the Senate or in sufficient numbers to block its action if they don't get their way. We'll have a judiciary that has been stacked over the last three years to perpetuate GOP political rule.... He might be booted next year but the climate and bases of support that made him possible won't have gone anywhere." --s

Mitch Gets Felicitous Lessons in Quid-Pro-Quos. Ben Tobin & Morgan Watkins of the Louisville Courier Journal: "Several members of ... Donald Trump's impeachment defense team recently gave money to Senate Majority Leader Mitch McConnell's 2020 reelection campaign, a Courier Journal analysis of campaign finance data found. Ken Starr ... gave the maximum individual contribution allowed -- $2,800 -- to the McConnell Senate Committee on July 31, 2019.... [Starr] ... has given to every McConnell reelection campaign since 2002. Another member of the president's impeachment defense team, Robert Ray, gave a total of $5,600 to the McConnell Senate Committee through two separate donations -- one for the primary election, one for the general -- on Sept. 30, 2019. Ray ... did not donate to previous McConnell reelection efforts, according to campaign finance data from the Federal Election Commission." (Also linked yesterday afternoon.)

AND in yesterday's Comments, Linda in Denver explained Chauncey Gardiner's Cory Gardner's motives for opposing witnesses in the "trial." Insightful.

Edward Wong of the New York Times: "Secretary of State Mike Pompeo said on Friday that the Trump administration was committed to supporting Ukraine in its defense against aggression by Russia, which invaded and annexed part of the country and is supporting a separatist insurgency.... Mr. Pompeo and [Ukraine's president Volodymyr] Zelensky met before noon in the president's office in central Kyiv.... Mr. Pompeo said no visit [between Donald Trump & Zelensky] had been scheduled. "We'll find the right time," he said.

Natasha Bertrand & Daniel Lippman of Politico: "A national security aide to Vice President Mike Pence and key witness in the House's impeachment of ... Donald Trump will be leaving her post in the vice president's office early to join Central Command, according to two people with knowledge of her plans. The aide, Jennifer Williams, will be leaving the White House as soon as Monday and plans to join CENTCOM in the spring as a deputy foreign policy adviser, one of the people said. She will be advising the command on Middle East policy issues and has had the job lined up since last fall."


Marcy Wheeler (@emptywheel) lays out a completely different view of the prosecutor's memo in the Flynn sentencing. She writes that it does not really differ from the guideline recommendation. Wheeler thinks the memo is responsive to Judge Sullivan's previous rulings and his stated views of Flynn's actions (and the Petraeus sentence): "And, yes, they mention probation, just like Flynn did. But in doing so, they almost certainly did so in a way that only exacerbates Sullivan's innate disgust with powerful people who ask for special treatment." -- Anonymous, in yesterday's Comments (Also linked yesterday afternoon.)

The Dress: Speaking of Impeachment Trials of Yore.... Jennifer Peltz of the AP: Lawyers for a woman who accuses ... Donald Trump of raping her in the 1990s are asking for a DNA sample, seeking to determine whether his genetic material is on a dress she says she wore during the encounter. Advice columnist E. Jean Carroll's lawyers served notice to a Trump attorney Thursday for Trump to submit a sample on March 2 in Washington for 'analysis and comparison against unidentified male DNA present on the dress.'" (Also linked yesterday afternoon.)


"Astonished by Trump's Ignorance." Rachel Premack of Business Insider: "A leaked audio recording of a 2018 dinner with ... Donald Trump and key donors has provided new insight into the president's dealings with Ukraine as well as something else: The president's knowledge of trucking is less than comprehensive.... Trump [thought semis run on gasoline, not diesel, and] appeared unaware that truck drivers have safety regulations that prevent them from driving more than 11 hours a day.... 'You mean they can only drive so much?' Trump said in the recording. 'Like a pilot? I didn't know that.'... Trucking executives and industry experts who listened to the tape told Business Insider they were astonished by Trump's ignorance." --s

AP: "Attorney General William Barr on Thursday named Timothy Shea, one of his closest advisers, to be the next top prosecutor in the nation's capital. Shea will lead the largest United States attorney's office in the country, which has been historically responsible for some of the most significant and politically sensitive cases the Justice Department brings in the U.S. He ... was Barr's right-hand man helping institute reforms at the federal Bureau of Prisons after Jeffrey Epstein's death at the Metropolitan Correctional Center in New York City.... As the U.S. attorney in the District of Columbia, Shea would oversee some of the lingering cases from special counsel Robert Mueller's Russia investigation, along with a number of politically charged investigations." --s ~~~

     ~~~ Mrs. McCrabbie: This is Big Bill Barr putting his Big Fat Thumb on the scales of justice. It cannot be a good thing.

Look for the Silver Lining. Rachel Siegel of the Washington Post: "Commerce Secretary Wilbur Ross said the Chinese coronavirus -- which has killed 171 in China and infected more than 8,100 people -- could 'help' to bring jobs to the United States because companies will be moving operations away from impacted areas. During an appearance Thursday morning on Fox Business, Ross said that he didn't 'want to talk about a victory lap over a very unfortunate, very malignant disease,' and expressed sympathy for the victims. But he said the pneumonia-like virus would be a consideration for American businesses that are scrambling to determine how the outbreak will affect their supply chains." (Also linked yesterday afternoon.)

Jesse Naranjo of Politico: "The House on Thursday approved two measures aimed at clawing back ... Donald Trump's war powers, a direct result of recent aggression between Iran and the United States that culminated earlier this month in missile attacks on Iraqi military bases housing U.S. troops. The votes, which passed with four Republican defections on one measure and 11 on the other, mark a victory for anti-war lawmakers who have long sought to rein in the executive's ability to use military force without congressional authorization." ~~~

     ~~~ Karoun Demirjian of the Washington Post: "Both measures have earned limited Republican support and are expected to face difficult odds in the Senate, where GOP leaders can easily block them from coming to the floor for a vote."

Presidential Race

This Should Shake Up The Race. Julia Manchester of the Hill: "Former Maryland Rep. John Delaney (D) dropped out of the Democratic presidential primary on Friday just days before Monday's Iowa Caucuses.... Delaney [said] that his support [in Iowa] was strong enough to peel away votes from other moderate candidates."

Annals of "Journalism," Ctd. Judd Legum of Popular Info: "In October, Facebook CEO Mark Zuckerberg announced the creation of a new 'Facebook News' tab ... [']curated by a team of diverse and seasoned journalists.'... [A]s the United States heads toward election day, Facebook says it will make the tab widely available.... But who is the 'team' behind Facebook News?... [T]he person in charge of Facebook News is former NBC News anchor Campbell Brown [who has her own website].... The74, with funding from Trump Education Secretary Betsy DeVos. On Tuesday, NBC News reported that Facebook was hiring Jennifer Williams, an executive producer for Fox News, 'to head video strategy for Facebook News.' Williams spent a dozen years as a senior producer on Fox & Friends.... Williams will be part of Facebook's news curation team, which means she will be selecting content to be featured in the News tab." --s ~~~

     ~~~ Mrs. McCrabbie: Subscriber-firewalled, but you can read an unspecified number of posts without paying up. Legum spends some effort in knocking Williams in this post, appropriately enough, but as I recall, Brown -- who is married to former Bushie Daniel Senor -- is as much a winger as Williams. Thanks, Zuck!


P. J. Huffstutter of Reuters: "U.S. farm bankruptcy rates jumped 20% in 2019 - to an eight-year high - as financial woes in the U.S. agricultural economy continued in spite of massive federal bail-out funding, according to federal court data.... The increase in cases had been somewhat expected, bankruptcy experts and agricultural economists said, as farmers face trade battles, ever-mounting farm debt, prolonged low commodity prices, volatile weather patterns and a fatal pig disease that has decimated China's herd.... Nearly one-third of projected U.S. net farm income in 2019 came from government aid and taxpayer-subsidized commodity insurance payments, according to the U.S. Department of Agriculture." --s

Way Beyond the Beltway

China. The New York Times' live updates on developments re: the coronavirus are here. "The [U.S.] State Department on Thursday night issued a travel advisory telling Americans not to travel to China because of the public health threat posed by the dangerous new coronavirus."

Israel. Joseph Menn & Jack Stubbs of Reuters: "The FBI is investigating the role of Israeli spyware vendor NSO Group Technologies in possible hacks on American residents and companies as well as suspected intelligence gathering on governments, according to four people familiar with the inquiry.... NSO is known in the cybersecurity world for its 'Pegasus' software [and] other tools that can be delivered in several ways. The software can capture everything on a phone, including the plain text of encrypted messages, and commandeer it to record audio. A business strategy firm retained on behalf of Amazon.com Inc Chief Executive Jeff Bezos, FTI Consulting, said this month that NSO could have supplied the software it said Saudi Arabia used to hack Bezos' iPhone." --s

Jason Burke of the Guardian: "Islamic State has begun to reassert itself in its heartlands in the Middle East and continues to seek opportunities to strike in the west, the United Nations has said.... The report portrays an organisation that has suffered significant setbacks but is tenacious, well-funded and still poses a considerable local and international threat." --s

Comments Off
Thursday
Jan302020

The Commentariat -- January 30, 2020

Afternoon Update:

Adam Schiff is remarkable. Listen to how he not only thinks on his feet but also nails it on his feet:

Mrs. McCrabbie: As Adam Schiff said in today's proceedings, "You can't make this stuff up." Trump's lawyers are of course arguing that the House has no authority to subpoena the President* so the second article of impeachment is invalid and Trump must be acquitted. According to Schiff, the DOJ is in court today arguing that the courts have no jurisdiction over the executive to force the President* to answer Congressional subpoenas. "What's the remedy, then?" a judge asked the DOJ lawyers. The DOJ's response: "Impeachment!"

Here are the New York Times' live updates of today's impeachment proceedings. ~~~

~~~ Sheryl Stolberg & Michael Shear: "After failing to get Chief Justice John G. Roberts Jr. to read the name of the person widely thought to be the whistle-blower whose complaint prompted the impeachment inquiry into President Trump, Senator Rand Paul, Republican of Kentucky, did so himself on Thursday. Mr. Paul, who left the Senate chamber while the impeachment trial was in session to hold a news conference about Mr. Roberts's refusal to read his question, said it 'deserved to be asked.' He said the question had nothing to do with the whistle-blower, then he proceeded to read it aloud and name the person." See also Akhilleus's earlier comment in today's thread.

Taking advantage of the fact most of their viewers didn't actually hear the senate Q and A, CNN, MSNBC and some other media willfully distorted my answers. -- Alan Dershowitz, in a tweet today

     ~~~ You horrible people have mischaracterized Alan Dershowitz because you listened to the left-wing, lamestream media. In responses to Dersh's tweet, Elie Honig (CNN) and Barbara McQuade (MSNBC) disagree for some reason: like -- because what Alan said. Thanks to Ken W. for the link. ~~~

~~~ "I Don't Want to Know What You Did Last Summer." Stephen Colbert Explains the Trial:

Mitch Gets More Felicitous Lessons in Quid-Pro-Quos. Ben Tobin & Morgan Watkins of the Louisville Courier Journal: "Several members of ... Donald Trump's impeachment defense team recently gave money to Senate Majority Leader Mitch McConnell's 2020 reelection campaign, a Courier Journal analysis of campaign finance data found. Ke Starr ... gave the maximum individual contribution allowed -- $2,800 -- to the McConnell Senate Committee on July 31, 2019.... [Starr] ... has given to every McConnell reelection campaign since 2002. Another member of the president's impeachment defense team, Robert Ray, gave a total of $5,600 to the McConnell Senate Committee through two separate donations -- one for the primary election, one for the general -- on Sept. 30, 2019. Ray ... did not donate to previous McConnell reelection efforts, according to campaign finance data from the Federal Election Commission."

AND in today's Comments, Linda in Denver explains Chauncey Gardiner Cory Gardner's motives.

Marcy Wheeler (@emptywheel) lays out a completely different view of the prosecutor's memo in the Flynn sentencing. She writes that it does not really differ from the guideline recommendation. Wheeler thinks the memo is responsive to Judge Sullivan's previous rulings and his stated views of Flynn's actions (and the Petraeus sentence): "And, yes, they mention probation, just like Flynn did. But in doing so, they almost certainly did so in a way that only exacerbates Sullivan's innate disgust with powerful people who ask for special treatment." -- Anonymous, in today's Comments

The Dress: Speaking of Impeachment Trials of Yore.... Jennifer Peltz of the AP: Lawyers for a woman who accuses ... Donald Trump of raping her in the 1990s are asking for a DNA sample, seeking to determine whether his genetic material is on a dress she says she wore during the encounter. Advice columnist E. Jean Carroll's lawyers served notice to a Trump attorney Thursday for Trump to submit a sample on March 2 in Washington for 'analysis and comparison against unidentified male DNA present on the dress.'"

Look for the Silver Lining. Rachel Siegel of the Washington Post: "Commerce Secretary Wilbur Ross said the Chinese coronavirus -- which has killed 171 in China and infected more than 8,100 people -- could 'help' to bring jobs to the United States because companies will be moving operations away from impacted areas. During an appearance Thursday morning on Fox Business, Ross said that he didn't 'want to talk about a victory lap over a very unfortunate, very malignant disease,' and expressed sympathy for the victims. But he said the pneumonia-like virus would be a consideration for American businesses that are scrambling to determine how the outbreak will affect their supply chains.”

~~~~~~~~~~

Vast Cover-up Conspiracy, Ctd. Sheryl Stolberg & Michael Shear of the New York Times: "The White House and Senate Republicans worked aggressively on Wednesday to discount damaging revelations from John R. Bolton and line up the votes to block new witnesses from testifying in President Trump's impeachment trial, in a push to bring the proceeding to a swift close. As the Senate opened a two-day, 16-hour period of questioning from senators, Mr. Trump laced into Mr. Bolton.... The president described Mr. Bolton on Twitter as a warmonger who had 'begged' for his job, was fired, and then wrote 'a nasty & untrue book.' On Capitol Hill, Mr. Trump's aides circulated a letter informing Mr. Bolton that the White House was moving to block publication of his forthcoming book, in which he wrote that the president refused to release military aid to Ukraine until its leaders committed to investigating his political rivals. That is a core element of the Democrats' case.... Before the trial convened, Senator Mitch McConnell of Kentucky, the majority leader, and other Republicans signaled that they were regaining confidence that they would be able to cobble together the 51 votes needed to block new witnesses and documents and bring the trial to an acquittal verdict as soon as Friday, after the revelations from Mr. Bolton, reported Sunday by The New York Times, had threatened to knock their plans off course." ~~~

     ~~~ Mrs. McCrabbie: The concensus on MSNBC this morning is that the call for witnesses will get a the most three GOP votes, leaving a tie that "they" say goes to no witnesses. CJ Roberts could break the tie, but who thinks -- if he did -- that he would come down on the side of witnesses?

     ~~~ Ernest Luning of Colorado Politics: "U.S. Sen. Cory Gardner [R-Colo.] said Wednesday that he thinks the Senate has heard from enough witnesses in ... Donald Trump's impeachment trial.... Gardner had previously been noncommittal about Democrats' demands to call more witnesses, including Bolton...."

Julian Barnes of the New York Times: "... the question of who [in the White House] did review [John Bolton's] book -- and to what extent -- has become a subject of the Senate impeachment trial of Mr. Trump. The White House has acknowledged that National Security Council staff members reviewed the draft, and that they briefed the White House counsel, Pat A. Cipollone. But the president's impeachment defense lawyers -- Mr. Cipollone among them -- insisted on Wednesday that they were unaware it contained the explosive revelation by Mr. Bolton, the former national security adviser, that Mr. Trump had directly linked aid for Ukraine to investigations he sought for personal gain.... Patrick F. Philbin, a deputy White House counsel and one of Mr. Trump's lawyers, said on the Senate floor..., 'We assumed Mr. Bolton was disgruntled and wouldn't be saying a lot of nice things about the president, but no one told us anything like that.'" ~~~

     ~~~ Maggie Haberman of the New York Times reported Monday, Jan. 27 @9:51 am ET: "John Ullyot, a spokesman for the National Security Council, issued a carefully worded statement on Monday morning, 16 hours after the Times story was published. 'Ambassador Bolton's manuscript was submitted to the N.S.C. for pre-publication review and has been under initial review by the N.S.C.,' he said. 'No White House personnel outside N.S.C. have reviewed the manuscript.'" Mrs. McC: I guess it depends upon what the meaning of "reviewed" is. In addition, Trump -- who, admittedly, can't read -- tweeted this about the book yesterday: "All Classified National Security." Really? Where did he come up with that idea?

AND There's This from Barnes' report: "The lawyers asked career civil servants, not political appointees, to review the book, in an effort to ensure it was handled similarly to any other book written by a former official with access to classified secrets, the officials said.... One of the career lawyers, Yevgeny Vindman, did not take part in the review to avoid the appearance of a conflict of interest. His twin brother is Lt. Col. Alexander S. Vindman, a Pentagon official detailed to the National Security Council and a key witness about the president's Ukraine dealings in the impeachment hearings." ~~~

     ~~~ Courtney Hagle of Media Matters (Jan. 28): "... Breitbart News swiftly posted a conspiratorial smear against the brother of Army Lt. Col. Alexander Vindman.... Breitbart claimed 'a source close to the Trump administration' told the outlet that Lt. Col. Yevgeny Vindman, Alexander's brother, 'is in charge of reviewing all publications by current and former NSC officials,' which would include Bolton's book manuscript.... Fox News' John Roberts tweeted on January 27 that his sources say Yevgeny 'is NOT part of the NSC team vetting John Bolton's manuscript.' Still, that didn't stop right-wing media figures -- including some from Roberts' own network -- from promoting the smear that the leak of Bolton's book manuscript was a conspiracy stemming from the Vindmans." ~~~

I find it highly unlikely that a very experienced official such as Ambassador Bolton, the former national security adviser, would put top-secret material in his manuscript. -- Kevin Carroll, who represents other former officials trying to publish a book, to the New York Times ~~~

~~~ Meredith McGraw of Politico: "The White House sent a letter last week to John Bolton's attorney informing him that Bolton's forthcoming book revealing sensitive details about his conversations with ... Donald Trump could not be published because it contained classified information. An official with the National Security Council sent the letter on Jan. 23 to Charles Cooper, shortly before The New York Times published an explosive article detailing how Bolton planned to reveal that Trump directly tied the withholding of foreign aid to Ukraine as he pressured the country to launch investigations into his political rivals.... 'Under federal law and the nondisclosure agreements your client signed as a condition for gaining access to classified information, the manuscript may not be published or otherwise disclosed without the deletion of this classified information,' Ellen Knight of the National Security Council Records Management Division wrote to Cooper." (Also linked yesterday.) ~~~

     ~~~ Bolton's Revenge. Josh Marshall of TPM: "... this news really confirms what has long been suspected without public proof: that Bolton has had a clear hand driving this whole scandal forward from the beginning. Or at least since his ouster or resignation on Sept. 10." (Also linked yesterday.)

Erica Werner, et al., of the Washington Post: "President Trump's legal team ... argu[ed] that presidents could do nearly anything so long as they believe their reelection is in the public interest. The assertion from Alan Dershowitz ... made his comments as the Senate launched into a question-and-answer session in the second week of the third presidential impeachment trial in U.S. history. Following a model established during President Bill Clinton';s impeachment, senators wrote their questions on slips of paper that Senate pages passed to Chief Justice John G. Roberts Jr.... Roberts then read the questions out loud from the dais, glancing over his glasses as he addressed the queries either to the White House defense team or the seven House Democratic impeachment managers." ~~~

~~~ L'état, C'est Moi. Alan Smith of NBC News (from NBC's liveblog @3:41 pm ET): "Alan Dershowitz argued that a quid pro quo involving a president's political benefit was fine because all presidents believe their elections are in the public's interest." Mrs. McC: No wonder Trump thinks he's king. He listens to idiots like Dershowitz who tell him he is. (Also linked yesterday.)

Jennifer Rubin of the Washington Post: "We seem to have passed the point where Trump will be able to claim legitimate vindication from acquittal. His cultists will think he has been cleared. But to the 75 percent or so of voters who see witnesses as necessary, the trial is more likely to be regarded as the last frantic gasps of a president who cannot grasp that his own political interests diverge from the nation's. In following him down this path, Republicans will be seen as accomplices and entirely unfit to hold power."

~~~ CJ Thwarts Li'l Randy's Plot to Expose Whistleblower. John Bresnahan of Politico: "Chief Justice John Roberts has communicated to senators that he will not read aloud the alleged Ukraine whistleblower's name or otherwise publicly relay questions that might out the official, a move that's effectively blocked Sen. Rand Paul from asking a question. In a behind-the-scenes fight, Paul, a Kentucky Republican, has composed questions that violate Roberts's edict, according to several Republicans familiar with the dynamics.... Paul -- who has strongly opposed the impeachment proceedings against ... Donald Trump -- has been floating the alleged whistleblower's name in media interviews for months.... Roberts was allowed to screen senators' questions before they were submitted for reading on the Senate floor, the sources noted."

The New York Times' live update page for Wednesday's developments is here. (Also linked yesterday.) ~~~

~~~ Patricia Mazzei: "Lev Parnas..., who worked with the president's personal lawyer, Rudolph W. Giuliani, to pressure Ukraine's government to investigate political rivals of President Trump, had hoped to watch the impeachment trial up close. But he could not get around the special security restrictions at the Capitol because Mr. Parnas, who is under house arrest, wears an electronic ankle monitor. Still, his arrival created a tizzy at the office of Senator Chuck Schumer, the minority leader, when Mr. Parnas and his lawyers arrived to pick up their Senate gallery passes."


Josh Gerstein of Politico: "The new legal team for former national security adviser Michael Flynn unleashed a withering assault Wednesday on Flynn's old lawyers, accusing them of a conflict of interest so severe that it merits allowing the ex-Trump aide to withdraw the guilty plea he entered more than two years ago.... Flynn also submitted a formal, written statement to the court on Wednesday proclaiming his innocence and seeking to explain why he pleaded guilty to a crime he now says he didn't commit. 'I am innocent of this crime and I wish to withdraw my plea,' Flynn wrote in his new declaration. 'In truth, I never lied.'" ~~~

~~~ Spencer Hsu of the Washington Post: "Prosecutors backed away from their recommendation that former national security adviser Michael Flynn serve up to six months in prison, saying in a court filing Wednesday that probation remained a 'reasonable sentence' that they would not oppose. The filing comes as Flynn continues his effort to withdraw his guilty plea in special counsel Robert S. Mueller III's Russia probe. Prosecutors did not explain in their filing why they reemphasized probation as a reasonable sentence for Flynn. The shift represents the latest turn in the case in which federal prosecutors once held up Flynn as a model cooperator and suggested probation but shifted their stance to include prison time after Flynn hired a new defense team, attacked investigators and undermined the prosecution of his former business partner."


He Huffed and He Puffed ... And the Wall Came Tumbling Down. Matt Stieb of New York: "On the campaign trail and trips to the southern border, President Trump has called his big, beautiful wall 'tough' [and] 'virtually impenetrable.'... On a September visit to the Otay Mesa border site in San Diego, he boasted, 'This wall is not something that can be really knocked down.' But on Wednesday, Customs and Border Protection confirmed to CNN that newly-installed wall panels in Calexico, California were knocked down by wind gusts of up to 37-miles-per-hour, causing the metal slats to timber into Mexican territory[.]... The wall has faced a few setbacks that contradict Trump's claims of near-impenetrability, like in November when the Washington Post reported that smugglers were using reciprocating saws -- available for less than $100 -- to cut through sections of the steel-bollard barrier in minutes. And though the president has claimed that no one would be able to climb the wall, smugglers have found a simple summiting method, using rebar ladders to hoist up one side, and rope ladders to scale down the other." Mrs. McC: In Florida, we call 37-mph air movement a "breeze."

The Incredible Lightness of Hubris 

Matt Stieb of New York: "... when justifying his fitness for taking on the 72-year Israeli-Palestinian conflict. Speaking with Sky News Arabia on Wednesday, [Jared] Kushner explained why -- nepotism aside -- he was the right man ... [to take] on the 72-year Israeli-Palestinian conflict]: 'I've been studying this now for three years. I've read 25 books on it, I've spoken to every leader in the region, I've spoken to everyone who's been involved in this.' That's all but impossible, considering that the Palestinian National Authority has rejected Trump administration invitations to come to the table, aware that any deal made by the current White House would be designed to exert power in the region and to benefit Benjamin Netanyahu." The expert Jared also apparently never heard of Israeli politician Yossi Beilin, who was instrumental in cementing the 1993 Oslo accords; Kushner dismissed Beilin as an example of "random individuals who don't have a lot of say or maybe knowledge." ~~~

~~~ This Is Rich. Justine Coleman of the Hill: "... Jared Kushner said Tuesday that Palestinians have a 'big opportunity' with President Trump's Middle East peace plan, saying if they reject the plan 'they're going to screw up another opportunity.'... 'It's a big opportunity for the Palestinians,' he said. 'And they have a perfect track record of blowing every opportunity they've had in their past.'... Palestinian leaders were not included in the negotiations after cutting off contact with the U.S. in 2017." Mrs. McC: Opinions I've scanned say the plan is heavily-weighted against Palestinian interests. (Also linked yesterday.) ~~~

     ~~~ Juan Cole, for instance, after writing unflattering descriptions of the plan's authors, goes on to lay out the "Top 5 ways Trump plan for Palestinians is a Crime against Humanity." So, uh, not so good. (Also linked yesterday.)


Juliegrace Brufke & Scott Wong of the Hill: "Rep. Doug Collins's decision to run for the Senate in Georgia will set in motion a game of musical chairs that could put two of President Trump's most loyal defenders in the top GOP slots of the House Judiciary and Oversight committees. Collins has been serving as the top Republican on the powerful Judiciary Committee since January 2019, but House GOP conference rules require lawmakers to relinquish chairman or ranking member posts once they launch bids for higher office.... A key GOP lawmaker said [Jacketless Jim] Jordan is in a strong position for the Judiciary job.... That would open up the top GOP job on [the] Oversight [Committee], which some lawmakers said could temporarily be filled by another Trump loyalist, retiring Rep. Mark Meadows (R-N.C.)."

Presidential Race

Sydney Ember & Lazaro Gamio of the New York Times have composed an 10-question interactive quiz to help you figure out which of the top eight Democratic presidential candidates you most agree with. Mrs. McC: I took the quiz & the quiz-makers couldn't decide: I most agreed with two candidates: Sanders & Warren.

Street Money. Ben Schreckinger of Politico: "Allies of Donald Trump have begun holding events in black communities where organizers lavish praise on the president as they hand out tens of thousands of dollars to lucky attendees. The first giveaway took place last month in Cleveland, where recipients whose winning tickets were drawn from a bin landed cash gifts in increments of several hundred dollars, stuffed into envelopes. A second giveaway scheduled for this month in Virginia has been postponed, and more are said to be in the works.... The cash giveaways are organized under the auspices of an outside charity, the Urban Revitalization Coalition, permitting donors to remain anonymous and make tax-deductible contributions. The organizers say the events are run by the book and intended to promote economic development in inner cities. But the group behind the cash giveaways is registered as a 501(c)3 charitable organization. One leading legal expert on nonprofit law said the arrangement raises questions about the group's tax-exempt status, because it does not appear to be vetting the recipients of its money for legitimate charitable need."

Senate Race. Justin Wise of the Hill: "Republican Rep. Doug Collins (Ga.)..., on Wednesday announced that he is launching a 2020 primary challenge against Sen. Kelly Loeffler (R-Ga.).


"This Is How the Industry Works." Jan Ransom of the New York Times: Dawn "Dunning [-- a waitress and aspiring actor from Ohio --] testified [in Harvey Weinstein's rape trial --] that at one meeting, Mr. Weinstein suggested she agree to a threesome with him and one of his assistants to advance her career, telling her, 'This is how the industry works.' [Tara] Wulff [-- another waitress & aspiring actor --] said she had met Mr. Weinstein to discuss a movie role when he raped her inside of his Manhattan loft. Ms. Dunning and Ms. Wulff were the latest women to testify against Mr. Weinstein at his long awaited trial in [New York] State Supreme Court in Manhattan, which is widely seen as a watershed moment in the #MeToo era. In all, six women have agreed to testify for the prosecution about their allegations that Mr. Weinstein sexually assaulted them."

Way Beyond the Beltway

Maia de la Baume & David Herszenhorn of Politico: "The European Parliament on Wednesday ratified the Brexit Withdrawal Agreement and bid farewell to its British members, capping a two-hour-long debate and more than three-and-a-half years of tortured negotiations between Brussels and the first country to ever quit the EU. It was a strange and emotional day -- one that an overwhelming majority of the Parliament had hoped would never come -- with a profusion of farewell parties that involved bagpipes, EU flags and various versions of the song 'Auld Lang Syne.' One rendition was by MEPs, many in tears, who held hands and linked arms as they sang in the plenary immediately after casting their historic vote. The tally was 621 to 49 with 13 abstentions, and it provided certainty -- finally -- that the U.K. would make an orderly departure from the EU at the stroke of midnight (Brussels time) on Friday." The New York Times story is here. (Also linked yesterday.)

News Lede

New York Times: "Fred Silverman, who as a top executive at CBS, ABC and finally NBC was one of the most powerful people in the three-network era -- a force behind the success of beloved series like 'All in the Family,' 'The Mary Tyler Moore Show,' 'M*A*S*H,' 'Laverne & Shirley' and 'Hill Street Blues' -- died on Thursday at his home in the Pacific Palisades section of Los Angeles. He was 82."

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Tuesday
Jan282020

The Commentariat -- January 29, 2020

Afternoon Update:

Maia de la Baume & David Herszenhorn of Politico: "The European Parliament on Wednesday ratified the Brexit Withdrawal Agreement and bid farewell to its British members, capping a two-hour-long debate and more than three-and-a-half years of tortured negotiations between Brussels and the first country to ever quit the EU. It was a strange and emotional day -- one that an overwhelming majority of the Parliament had hoped would never come -- with a profusion of farewell parties that involved bagpipes, EU flags and various versions of the song 'Auld Lang Syne.' One rendition was by MEPs, many in tears, who held hands and linked arms as they sang in the plenary immediately after casting their historic vote. The tally was 621 to 49 with 13 abstentions, and it provided certainty -- finally -- that the U.K. would make an orderly departure from the EU at the stroke of midnight (Brussels time) on Friday." The New York Times story is here.

This Is Rich. Justine Coleman of the Hill: "Senior White House adviser Jared Kushner said Tuesday that Palestinians have a 'big opportunity' with President Trump's Middle East peace plan, saying if they reject the plan 'they're going to screw up another opportunity.'... 'It's a big opportunity for the Palestinians,' he said. 'And they have a perfect track record of blowing every opportunity they've had in their past.'... Palestinian leaders were not included in the negotiations after cutting off contact with the U.S. in 2017." Mrs. McC: Opinions I've scanned say the plan is heavily-weighted against Palestinian interests. ~~~

     ~~~ Juan Cole, for instance, after writing unflattering descriptions of the plan's authors, goes on to lay out the "Top 5 ways Trump plan for Palestinians is a Crime against Humanity." So, uh, not so good.

More below:

Meredith McGraw of Politico: "The White House sent a letter last week to John Bolton's attorney informing him that Bolton's forthcoming book revealing sensitive details about his conversations with ... Donald Trump could not be published because it contained classified information. An official with the National Security Council sent the letter on Jan. 23 to Charles Cooper, shortly before The New York Times published an explosive article detailing how Bolton planned to reveal that Trump directly tied the withholding of foreign aid to Ukraine as he pressured the country to launch investigations into his political rivals.... 'Under federal law and the nondisclosure agreements your client signed as a condition for gaining access to classified information, the manuscript may not be published or otherwise disclosed without the deletion of this classified information,' Ellen Knight of the National Security Council Records Management Division wrote to Cooper."

The New York Times' live update page for today's developments is here. ~~~

~~~ Patricia Mazzei: "Lev Parnas, the Soviet-born businessman who worked with the president's personal lawyer, Rudolph W. Giuliani, to pressure Ukraine's government to investigate political rivals of President Trump, had hoped to watch the impeachment trial up close. But he could not get around the special security restrictions at the Capitol because Mr. Parnas, who is under house arrest, wears an electronic ankle monitor. Still, his arrival created a tizzy at the office of Senator Chuck Schumer, the minority leader, when Mr. Parnas and his lawyers arrived to pick up their Senate gallery passes."

L'état, C'est Moi. Alan Smith of NBC News (from the liveblog @3:41 pm ET): "Alan Dershowitz argued that a quid pro quo involving a president's political benefit was fine because all presidents believe their elections are in the public's interest." Mrs. McC: No wonder Trump thinks he's king. He listens to idiots like Dershowitz who tell him he is.

Mrs. McCrabbie: Rep. Eliot Engel (D-N.Y.) has said John Bolton telephoned him on September 23, 2019, asking Engel to have his committee investigate the recall of Ambassador Marie Yovanovitch because Bolton felt "something improper had occurred." I overheard heard this on MSNBC News while I was doing something else so I may have part of the story wrong; nothing in print yet. Update:

     ~~~ Bolton's Revenge. Josh Marshall of TPM: "... this news really confirms what has long been suspected without public proof: that Bolton has had a clear hand driving this whole scandal forward from the beginning. Or at least since his ouster or resignation on Sept. 10."

~~~~~~~~~~

For a guy who couldn't get approved for the Ambassador to the U.N. years ago, couldn't get approved for anything since, 'begged' me for a non Senate approved job, which I gave him despite many saying 'Don't do it, sir,' takes the job, mistakenly says 'Libyan Model' on T.V., and.. ....many more mistakes of judgement, gets fired because frankly, if I listened to him, we would be in World War Six by now, and goes out and IMMEDIATELY writes a nasty & untrue book. All Classified National Security. Who would do this? -- Donald Trump, in tweets this morning

Includes "sir" tell. -- Mrs. Bea McCrabbie ~~~

~~~ Morgan Chalfant of the Hill: "Trump also tweeted about Bolton, impeachment and the witness issue a handful of times overnight on Tuesday and into Wednesday morning, suggesting the issue is at the forefront of his mind."

Daniel Strauss & Tom McCarthy of the Guardian: "Lawyers for Donald Trump concluded their opening arguments in the Senate impeachment trial on Tuesday, dismissing objections to Trump's conduct towards Ukraine as 'policy disagreements' and warning senators not to 'lower the bar of impeachment' by voting to convict the president. The defense team briefly grappled with charges reportedly appearing in an unpublished manuscript written by former national security adviser John Bolton that Trump had conditioned security aid for Ukraine on the delivery of personal political favors. Even if Trump did that, his lawyers said, it would not be impeachable. But reports about the Bolton book were in any case 'inadmissible' as evidence, Trump lawyer Jay Sekulow argued, owing to the secondhand nature of those reports." ~~~

     ~~~ The story has been updated. New Lede: "Republicans do not yet have the needed votes to block witnesses from appearing at the Senate impeachment trial of Donald Trump, the majority leader, Mitch McConnell, told his caucus in a meeting on Tuesday night, according to multiple reports." ~~~

~~~ Erica Werner, et al., of the Washington Post: "In a closed-door meeting after closing remarks, Senate Majority Leader Mitch McConnell (R-Ky.) told colleagues he doesn't have the votes to block witnesses, according to people familiar with his remarks.... Just four GOP senators would have to join with Democrats to produce the majority needed to call witnesses.... An initial vote to allow witnesses, expected Friday, does not ensure witnesses would actually be called, since the Senate would have to subsequently hold separate votes on summoning each individual witness And Trump's ultimate acquittal still remains all but assured, since a two-thirds vote in the GOP-run Senate would be required to remove him."

~~~ Aaron Blake of the Washington Post: "President Trump's defense team ended an extended opening argument Tuesday in which it laid out that Trump had legitimate reasons to ask Ukraine for specific investigations. But it spent almost no time vouching for the actual investigations he wanted. To the extent that Trump's team tried to argue that the investigations were legitimate, it focused mostly on the idea that Hunter Biden' employment at a Ukrainian gas company was problematic. It spent considerably less time arguing for the theory that Trump actually raised with Ukraine President Volodymyr Zelensky on their phone call: that then-Vice President Joe Biden sought to help his son by pushing out Ukraine's top prosecutor.... Trump's legal team spent literally zero time talking about the one involving CrowdStrike and a server that was supposedly in Ukraine. Trump's team didn't utter the word 'CrowdStrike' once in three days, in fact, nor did it even mention a 'server' in Ukraine. It instead more broadly defended the idea that Ukraine might have interfered in the 2016 election." ~~~

~~~ Mrs. Bea McCrabbie: The Trump attorneys' lie that has bugged me the most is that in their July 25 phone call, Zelensky had no idea Trump wanted "deliverables" in exchange for military aid & a meeting. Trump could not have asked for a quid pro quo, the lawyers (falsely) argue, because Zelensky was completely unaware of the ask. It's as if Trump never said, "I would like you to do us a favor, though." It's clear from the phone call itself, as well as from earlier text messages among Sondland, Volker & and Taylor (verified in House testimony) that Zelensky was deeply concerned about the political favors Trump was asking for before the July 25 call. In addition, Zelensky's aides were calling the Pentagon July 25, hours after the big phone call, asking where the military aid was. Was that an amazing coincidence? BTW, if Trump -- unbeknownst to Zelensky -- was withholding funding until Zelensky did something Trump wanted, that would still be a quid pro quo. It's still this for that.

Greg Sargent of the Washington Post: "Perhaps no claim is more ridiculous -- and more revealing -- than this: Senate Republicans are lamenting that they were blindsided by the news that Bolton's new book will reveal that Trump withheld nearly $400 million in military aid to Ukraine to extort an announcement that would help him politically.... The real story here is that Senate Republicans knew for months that such explosive revelations from Bolton were a very likely possibility -- and that this is precisely why they have resisted hearing Bolton's testimony so aggressively.... Way back in mid-November, the New York Times reported that Bolton privately met with Trump in August and urged him to release the military aid to Ukraine, but that Trump was 'unmoved.' This was amplified by testimony from Tim Morrison, a senior National Security Council official.... What actually blindsided Senate Republicans was ... this terribly inconvenient timing, which upended their coverup."

Alexander Bolton of the Hill: "Sen. Ron Johnson (R-Wis.), a staunch ally of President Trump, on Tuesday urged former national security adviser John Bolton to speak out publicly about what he knows about efforts to hold up military assistance to Ukraine.... 'I spoke with John Bolton on Jan. 7 when I heard that he wanted to testify,' Johnson said, recalling his conversation with Bolton in connection with his own committee's investigation into possible corruption in Ukraine. 'I said "John, if you've got something to say, I'd rather have you say it sooner rather than later. We're calling in a bunch of witnesses, why don't you come into our committee?" John at that time said, "I'd only respond to a Senate subpoena,"' he said."

Never the Sharpest Tack on the Board. KTLA Los Angeles: "Just after President Trump's defense lawyers ended arguments in their Senate trial Tuesday, Sen. Dianne Feinstein of California became the first Democrat to suggest that she could vote to acquit him despite serious concerns about his character. 'Nine months left to go, the people should judge. We are a republic, we are based on the will of the people -- the people should judge,' Feinstein said Tuesday, after the president's team finished a three-day presentation in his defense." ~~~

     ~~~ Paul Campos in LG&$: "Apparently that whole 'impeachment' thing is some sort of insult to the very concept of democracy -- unlike, say, the Senate, which gives a voter in Wyoming 67 times more representation than a voter in Feinstein's home state[.]... Feinstein is richer than Croesus and 117 years old, plus Trump has an approval rating in California of -28, so this obviously isn't strategic behavior on her part -- it's her genuine, considered opinion!' Later Feinstein tweeted, 'The LA Times [-- the original source of the story --] misunderstood what I said today. Before the trial I said I'd keep an open mind. Now that both sides made their cases, it's clear the president's actions were wrong. He withheld vital foreign assistance for personal political gain. That can't be allowed to stand.'" Campos: "It's hard to square this tweet with her statement earlier today that with nine months left before the election 'the people should judge,' but my guess is that her office got some rather pointed feedback very quickly." ~~~

~~~ Burgess Everett of Politico: "A trio of moderate Senate Democrats is wrestling with whether to vote to convict Donald Trump in his impeachment trial -- or give the president the bipartisan acquittal he's eagerly seeking. Democratic Sens. Joe Manchin of West Virginia, Kyrsten Sinema of Arizona and Doug Jones of Alabama are undecided on whether to vote to remove the president from office and agonizing over where to land."

The New York Times' live updates of Tuesday's impeachment proceedings are here. Michael Shear: "John F. Kelly, the former chief of staff to President Trump, told an audience in Florida on Monday night that he believed the revelations in an upcoming book by John R. Bolton, the president's former national security adviser, and thought the Senate should call witnesses in the impeachment trial." Mrs. McC: It's sorta like the captain tossed the rats off his sinking ship, and the rats were waving & laughing from the shore as they watched the ship go down. (Also linked yesterday.) The Hill's report on Kelly's remarks is here.~~~

~~~ The Guardian liveblogged impeachment developments and other stuff. Lindsey Graham says he supports allowing senators to read the Bolton ms. in a classified setting, raising the question as to why a book scheduled to be published in March must be read in secret room. (Also linked yesterday.) ~~~

~~~ Chris Casteel of the Oklahoman: "U.S. Sen. James Lankford [R-Okla.] said Monday that senators should be given access to a manuscript written by former national security advisor John Bolton that reportedly bolsters the argument that ... Donald Trump withheld aid to Ukraine to force an investigation of former Vice President Joe Biden." Mrs. McC: Say, Jim, you know who can get you a copy of that manuscript right now? The Impeached Guy. (Also linked yesterday.)

Thomas Kaplan & Nick Corasaniti of the New York Times: "After sitting through hours of arguments in the impeachment trial of President Trump on Monday, where his legal team focused on how Mr. Biden's son, Hunter, had nabbed a lucrative position on the board of a Ukrainian energy company, [Sen. Joni] Ernst [R-Iowa] addressed reporters in the basement of the Capitol. 'Iowa caucuses are this next Monday evening,' she said. 'And I'm really interested to see how this discussion today informs and influences the Iowa caucus voters, those Democratic caucusgoers. Will they be supporting Vice President Biden at this point?' At an event in Muscatine on Tuesday..., Mr. Biden responded to Ms. Ernst's comments head-on, presenting them as proof that Mr. Trump's team was using the impeachment trial to try to hobble his candidacy. 'She spilled the beans,' Mr. Biden told the crowd.... 'She just came out and flat said it. You know, the whole impeachment trial for Trump is just a political hit job to try to smear me, because he is scared to death to run against me, and he has good reason to be concerned.'"

Erin Banco of the Daily Beast: "... in the weeks and months that followed [Volodymyr Zelensky's election to the Ukraine presidency], efforts to construct a partnership between the Zelensky and Trump administrations, one focused on fighting corruption, crumbled. It crumbled in part because the Zelensky team was pulled into an American domestic political fight spurred by Trump's push to have Ukraine investigate his rival Joe Biden, Biden's son Hunter, and supposed interference in the 2016 election. That's according to Oleksandr Danylyuk, the former chairman of Ukraine' National Security and Defense Council, who said the requests 'rattled' Zelensky's team.... Danylyuk left the Zelensky administration in September, citing multiple 'triggers' that pushed him to quit, including the ongoing struggles with the Trump administration.... Looking back almost four months after his resignation, Danylyuk says there's one person in the Trump administration he trusted to help secure a new pathway forward for the U.S. and Ukraine: former U.S. National Security Adviser John Bolton. Bolton departed the Trump administration in September, just two weeks before Danylyuk left his post." (Also linked yesterday.)

Betsy Swan & Erin Banco of the Daily Beast: "Lev Parnas' attorney Joseph Bondy is set to attend the Senate impeachment trial [Wednesday] during the first day of the question-answer period. His co-counsel Stephanie Schuman is also expected to appear.... 'Like many other New York constituents, Mr. Bondy reached out and asked for gallery tickets, and we said yes,' said Justin Goodman, a spokesperson for Sen. Chuck Schumer (D-NY), the Senate Minority Leader. Bondy told The Daily Beast that his client was also trying to attend [Wednesday]'s proceedings in the Senate trial but is unlikely to be able to enter the chamber because he wears an ankle monitor. Senate rules bar individuals from bringing any electronics into the chamber during the trial."

Ann Marimow, et al., of the Washington Post: "As President Trump faces mounting legal bills from his impeachment trial, he is drawing on national party coffers flush with donations from energized supporters -- unlike the last president to be impeached who left the White House 'dead broke.' The Republican National Committee is picking up the tab for at least two of Trump's private attorneys in the ongoing trial, an arrangement that differs from the legal fund then-president Bill Clinton set up, only to see it fail to raise enough to cover his millions of dollars in bills before he left office.... Because Trump is on trial as a result of his status as an officeholder or candidate, election law allows him to dip into campaign or party funds for his legal bills.... Donors to the RNC and Trump's reelection campaign have already covered millions of dollars in attorney fees stemming from the president's other legal travails: former special counsel Robert S. Mueller III's investigation into Russian interference in the 2016 election, court battles over the president's tax returns, and a now-withdrawn defamation lawsuit filed by a former campaign staffer." (Also linked yesterday.)

Jamelle Bouie of the New York Times: "Looking from the perspective of now -- one week into the impeachment trial -- it's striking to see how, without knowledge of political parties or partisan factionalism, [the antifederalists of yore] captured the exact dynamic that will keep a corrupt president in office.... The antifederalists looked to impeachment as a prime example of everything that was wrong with the Senate.... The antifederalists did not think the Senate would ever remove the president.... The trial against our corrupt chief executive is clearly slanted in his favor. If the antifederalist opponents of the Constitution could see us struggling now, they might just say, 'We told you so.'" (Also linked yesterday.)


This Should Work! Michael Crowley, et al., of the New York Times: "President Trump unveiled his long-awaited Middle East peace plan with a flourish on Tuesday, outlining a proposal that would give Israel most of what it has sought over decades of conflict while creating what he called a Palestinian state with limited sovereignty. Mr. Trump's plan would guarantee that Israel would control a unified Jerusalem as its capital and not require it to uproot any of the settlements in the West Bank that have provoked Palestinian outrage and alienated much of the outside world. He promised to provide $50 billion in international investment to build the new Palestinian entity and open an embassy in its new state.... Rather than a serious blueprint for peace, analysts called it a political document by a president in the middle of an impeachment trial working in tandem with a prime minister under criminal indictment and about to face his third election in the span of a year." A USA Today story is here. (Also linked yesterday.) ~~~

~~~ MEANWHILE, Back Home.... BBC News: "Israel's attorney general has filed a formal indictment in court against Prime Minister Benjamin Netanyahu. It came after Mr Netanyahu withdrew a request for parliamentary immunity from prosecution on charges of bribery, fraud and breach of trust in connection with three separate cases. He has denied any wrongdoing. The Israeli parliament had been due to open a debate on the immunity request on Tuesday. But Mr Netanyahu said he would not have got a fair hearing. He also criticised opponents for going ahead with the debate when ... Donald Trump was due to unveil his long-awaited Middle East peace plan." (Also linked yesterday.)

Dareh Gregorian of NBC News: "... Donald Trump took a moment from presenting his plan for peace in the Middle East on Tuesday to praise his secretary of state -- for blasting an NPR reporter. 'That reporter couldn't have done too good a job on you yesterday. I think you did a good job on her, actually,' Trump told a chuckling Mike Pompeo during his speech at the White House alongside Israeli Prime Minister Benjamin Netanyahu." Mrs. McC: I would like to see a report from the White House doctor into whether Trump & Pompeo were separated at birth or were joined at the hip later in life. What a disgusting pair of lying, bullying pricks. (Also linked yesterday.) The whole room thought bullying a female reporter was hilarious. A roomful of bullies & cowards. ~~~

~~~ Marty Johnson of the Hill: "The White House Correspondents' Association (WCHA) on Tuesday criticized the State Department for removing an NPR reporter from Secretary of State Mike Pompeo's upcoming trip to Europe and Central Asia, and called for it to reverse the decision. 'The State Department's apparent attempt to take punitive action against a news outlet for its reporting is outrageous and contrary to American values,' WCHA president Jonathan Karl said in a statement." ~~~

~~~ Mary Kelly of NPR writes an op-ed in today's New York Times, and the scariest part, as she points out, is the part where she asks Pompeo what his plan is to stop Iran from getting a nuclear weapon. He doesn't have a plan, it would appear, so he snaps at her. No wonder he swore at Kelly. Pompeo does not think girls should ask straightforward, but vital, questions to which he has no answers.

Mosheh Gains & Phil Helsel of NBC News: "A total of 50 U.S. service members suffered traumatic brain injury from this month's Iranian missile attack on Iraqi bases hosting U.S. troops, the Defense Department said Tuesday.... Last week, the Pentagon said 34 service members had been diagnosed with concussions and other traumatic brain injuries. Of the 16 newly diagnosed patients, 15 have returned to duty in Iraq, [a Pentagon spokesperson] said."

Jeff Cox of CNBC: "The U.S. budget deficit likely will break the $1 trillion barrier in 2020, the first time that has happened since 2012, according to Congressional Budget Office estimates released Tuesday. After passing that mark this year, the deficit is expected to average $1.3 trillion between 2021-30, rising from 4.6% of GDP to 5.4% over the period. That's well above the long-term average since around the end of World War II. The deficit since then has not topped 4% of GDP for more than five consecutive years, averaging just 1.5% over the period. As part of a spending pattern that the CBO deemed unsustainable, the national debt is expected to hit $31.4 trillion by 2030. Tuesday's projections reflect a slight increase from the estimates presented in August 2019."

Annals of "Journalism," Ctd. Joe Concha of the Hill: "The Washington Post reinstated political reporter Felicia Sonmez on Tuesday after determining that her tweets regarding the Kobe Bryant rape case posted shortly after his death were 'ill-timed' but 'not in clear and direct violation' of the publication's social media policy. The conclusion by Post managing editor Tracy Grant comes one day after the paper suspended Sonmez for the tweets. The reporter said the vitriolic reaction to the tweets was so intense -- with emotions running high following the news that Bryant and his daughter, along with seven others, died in a helicopter crash outside of Los Angeles -- that she received death threats on Twitter." See yesterday's Commentariat for links to related stories. Update: The Washington Post's story is here.

Presidential Race

William Saletan of Slate: "Bernie Sanders is on the rise. Less than a week before the first contest of the Democratic primary, polls give the Vermont senator, on average, a 3-point lead in Iowa and an 8-point lead in New Hampshire. Nationally, he has climbed to within 5 percentage points of former Vice President Joe Biden. If Sanders wins the first two states, he has a strong chance of winning the nomination. That sounds like good news for progressives. But it isn't. Sanders has major liabilities that haven't been exploited in the primaries. If he's the nominee, those liabilities could hand the election to ... Donald Trump." ~~~

~~~ Jonathan Chait: "... the totality of the evidence suggests [Bernie] Sanders is an extremely, perhaps uniquely, risky nominee. His vulnerabilities are enormous and untested. No party nomination, with the possible exception of Barry Goldwater in 1964, has put forth a presidential nominee with the level of downside risk exposure as a Sanders-led ticket would bring. To nominate Sanders would be insane." (Also linked yesterday.) ~~~

~~~ Mrs. McCrabbie: Dear Misbegotten Democrats: A vote for Bernie is a vote for Donnie. I love Bernie. I love Pete Buttigieg, too. And even Dear Old Joe. But there are a lot of people I love whom I wouldn't pick for president. My children, my neighbors, my old friends. (Okay, they would all be better presidents* than Donald Fucking Trump.)

Senate Race

Georgia. Greg Blustein of the Atlanta Journal-Constitution: "U.S. Rep. Doug Collins will soon announce a challenge to U.S. Sen. Kelly Loeffler, setting up a bitter Republican showdown in November that pits one of ... Donald Trump's most vocal defenders against a wealthy former executive backed by Gov. Brian Kemp." (Also linked yesterday.) ~~~

~~~ Mark Niesse of the Atlanta Journal-Constitution: "A bill that would force U.S. Sen. Kelly Loeffler into a Republican primary election against U.S. Rep. Doug Collins passed a committee Tuesday, clearing a path for a full vote in the Georgia House of Representatives. The House Governmental Affairs Committee approved the legislation that would replace a planned free-for-all special election in November with a partisan primary election in May. Then the Republican and Democratic nominees would compete head-to-head in a November election. The Republican-led committee and its Democratic minority joined forces in support of the proposal, with only one no vote from Republican representative." (Also linked yesterday.)


The New York Times is live-updating developments in the growing coronavirus epidemic. "The outbreak of the mysterious new coronavirus is rapidly spreading, the Chinese authorities said on Tuesday, as the official account of known cases jumped nearly 60 percent overnight and the death toll exceeded 100 for the first time. China said on Tuesday that 106 people had died from the virus, which is believed to have originated in the central city of Wuhan and is spreading across the country. The previous death toll, on Monday, was 81. The number of confirmed cases increased to 4,515 on Tuesday, from 2,835 on Monday, according to the National Health Commission." (Also linked yesterday.) ~~~

     ~~~ UPDATE. Here's the NYT's live updates page for today's developments. "British Airways became the first international carrier to suspend all flights to and from China."

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