The Commentariat -- December 19, 2019
Afternoon Update:
Mike Lillis of the Hill: "House Democrats on Thursday are rallying behind Speaker Nancy Pelosi (D-Calif.) after she said she'll delay the deliver of impeachment articles to the Senate in an effort to ensure a fair trial. President Trump has urged a speedy trial in the upper chamber, and Pelosi's allies argue that delaying the delivery of the articles will put pressure on Senate GOP leaders to call witnesses and seek more evidence surrounding the president's dealings with Ukraine -- steps Senate Majority Leader Mitch McConnell (R-Ky.) has said he'll not take." ~~~
~~~ Mrs. McCrabbie: Last night a teevee pundit -- can't recall who -- noted that when the House passed Articles of Impeachment against Bill Clinton, House Judiciary Committee chairman Henry Hyde (R-Ill.) almost immediately marched the articles right over to the Senate.
Juliegrace Brufke & Scott Wong of the Hill: "House Republicans are strongly rebuking President Trump's attacks on the late Democratic Rep. John Dingell (Mich.) and his widow, Rep. Debbie Dingell (D-Mich.), with numerous GOP lawmakers saying they believe the rhetoric was inappropriate." Mrs. McC: The story goes on to cite some House Republicans who are shocked and dismayed and all about Trump's remarks -- these would be Republicans who made up one excuse after the other as to why their Dear Leader should be able to abuse his office and ignore the Congress to which they belong.
Our So-Called Representative Democracy. Philip Bump of the Washington Post does the impeachment math: "Even if he were deeply unpopular, if Trump maintained support from senators in 17 states, he could keep his job. Meaning, in the most extreme scenario, that he could be impeached but not removed from office if senators from the 17 least-populous states -- representing about 7 percent of the population -- decided to stand by him."
Christopher Miller of BuzzFeed News: "Rudy Giuliani flew to Kyiv on a budget airline [WhizzAir] when he visited earlier this month -- but he left in style, on a private jet.... According to flight data, videos, and photographs..., and confirmed by a Giuliani associate who joined him, the former mayor of New York left on a flight from Kyiv to Vienna on the night of Dec. 6, aboard a Beechcraft Premier 1A light business aircraft.... Ukrainian media have reported that the company's owner is Alexander Rovt, a Ukrainian American.... Rovt has done business in the past with Dmytro Firtash, a Ukrainian oligarch with ties to organized crime and the Kremlin who is currently under house arrest in Vienna and is fighting extradition to the US, where he faces federal bribery charges.... [Rovt]'s also connected to a $3.5 million mortgage loan to former Trump campaign chair and convicted financial fraudster Paul Manafort, through a real estate investment firm founded by a former Trump business partner." --s
Sarah Blaskey, et al. of the Miami Herald: "A Chinese woman was arrested Wednesday for trespassing at Mar-a-Lago..., Donald Trump's private South Florida club and newly declared legal residence, the second such instance this year. Jing Lu, 56, was spotted on club grounds and asked to leave by staff, said Michael Ogrodnick, a spokesman for the Palm Beach Police Department. 'She returned and began to take photos, at which time the Palm Beach Police Department responded and took her into custody,' Ogrodnick said in a statement." --s
Racist in Chief. Rachana Pradhan of Politico: "Donald Trump intervened to cut the federal government's Medicaid funding for Puerto Rico as part of a larger government spending deal, according to four sources with knowledge of the discussions. The budget deal unveiled by lawmakers this week allocates up to $5.7 billion in Medicaid funds for the island over two years -- instead of $12 billion over four years that Republican and Democratic leaders on two key congressional committees had endorsed after months of negotiating a long-term financial path for Puerto Rico." --s
Sarah Okeson of Salon: "Trump's National Forest Service is using a refuted scientific theory to justify building roads in our country's largest national forest, what some call 'America's Amazon.' Loggers want to raze trees more than 1,000 years old. The Forest Service says guidelines from the United Nations' climate authority would be followed. Two scientists whose research was cited in the U.N. study says the Forest Service is espousing junk science." --s
James Laporta of Newsweek: "The Defense Department is seeking to stamp out leaks and limit media coverage of military operations at the U.S.-Mexico border by making what historically have been unclassified orders and daily briefings classified.... The policy shift to classify border documents came from Lieutenant General Laura J. Richardson of the U.S. Army in response to negative news coverage and leaks of border documents under U.S. Army North's previous commander, Lieutenant General Jeffrey S. Buchanan, who retired back in July, according to three Pentagon sources with direct knowledge of the matter." --s
Prez Hamburgers Approves. Sandra Lamotte of CNN: "If America does not collectively adopt healthier eating habits, over half of the nation will be obese within 10 years. Even worse, one in four Americans will be 'severely obese' with a body mass index over 35, which means they will be more than 100 pounds overweight. That alarming prediction, published Wednesday in NEJM, was the result of a study analyzing 26 years of self-reported body mass index (BMI) data from over six million American adults." --s
Christopher Mathias of Huffington Post: "A measure in the National Defense Authorization Act meant to keep white nationalists out of the U.S. military no longer mentions 'white nationalists' after Congress quietly altered the text [to 'extremist and gang-related activity'] after it initially passed the House. The change, which has not been previously reported, could water down a House-passed amendment meant to address the threat of white nationalists in the military.... Stripping the specific mention of 'white nationalists' from the legislation could leave the door open for more white nationalists to join the military and could leave the U.S. military off the hook for what many critics say are lackluster efforts to screen enlistees for white nationalist beliefs." --s
Wisconsin. White House-Bound? Elisha Fiedlstadt of NBC: "A Wisconsin deputy sheriff is accused of breaking into and burglarizing the homes of people whom she knew would be at funeral services after she scoured local obituaries. Jefferson County Deputy Sheriff Janelle Gericke allegedly carried out her scheme from February 2018 through June 2019, according to a criminal complaint filed Tuesday by the Wisconsin Department of Justice." --s
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Nicholas Fandos & Michael Shear of the New York Times: "The House of Representatives on Wednesday impeached President Trump for obstruction of Congress and abuse of power, making him the third president in history to be charged with committing high crimes and misdemeanors and face removal by the Senate. On a day of constitutional consequence and raging partisan tension, the votes on the two articles of impeachment fell largely along party lines, after a bitter debate that reflected the deep polarization gripping American politics in the Trump era. All but two Democrats supported the article on abuse of power, which accused Mr. Trump of corruptly using the levers of government to solicit election assistance from Ukraine in the form of investigations to discredit his Democratic political rivals. Republicans were united in opposition. It passed 230-197, with Speaker Nancy Pelosi gaveling the vote to a close from the House rostrum." ~~~
~~~ Philip Rucker, et al., of the Washington Post: "The House of Representatives voted late Wednesday to impeach President Trump on charges that he abused his office and obstructed Congress, with Democrats declaring him a threat to the nation and branding an indelible mark on the most turbulent presidency of modern times. After 11 hours of fierce argument on the House floor between Democrats and Republicans over Trump's conduct with Ukraine, lawmakers voted almost entirely along party lines to impeach him. Trump becomes the third president in U.S. history to face trial in the Senate -- a proceeding that will determine whether he is removed from office less than one year before he stands for reelection. On Trump's 1,062nd day in office, Congress brought a momentous reckoning to an unorthodox president who has tested America's institutions with an array of unrestrained actions, including some that a collection of his own appointees and other government witnesses testified were reckless and endangered national security." The NBC News story is here.
Kyle Cheney, et al., of Politico: "Speaker Nancy Pelosi refused to commit Wednesday to delivering articles of impeachment to the Senate, citing concerns about an unfair trial on removing ... Donald Trump from office. 'So far we haven't seen anything that looks fair to us,' Pelosi told reporters at a press conference just moments after the House charged Trump with abuse of power and obstructing congressional investigations. 'That would've been our intention, but we'll see what happens over there.' Pelosi's comments, which echo suggestions raised by other Democrats throughout the day, inject new uncertainty into the impeachment timetable and send the House and Senate lurching toward a potential constitutional crisis. Senate Majority Leader Mitch McConnell has boasted that he has closely coordinated the planning of the trial with the White House and has repeatedly predicted Trump would be acquitted." Related stories linked below.
Adam Schiff's closing argument:
Madam Speaker. Paul Kane of the Washington Post: "In December 2018, President Trump mocked Rep. Nancy Pelosi's leadership skills in an Oval Office meeting, suggesting she needed help to secure enough votes to become the House speaker. The California Democrat sent a warning shot that set the table for their relationship going forward. 'Mr. President,' Pelosi interjected. 'Please don't characterize the strength that I bring to this meeting.' Over the next year, Pelosi firmly established herself as the president's most powerful political adversary, winning a showdown with him in January on the budget and regularly winning other one-on-one confrontations. A caucus filled with younger Democrats who questioned the 79-year-old's liberal bona fides now stands firmly behind her. All that culminated Wednesday night when, for only the third time in history, the House impeached a president. Pelosi presided over the chamber, wielding the gavel that Trump once doubted she could reclaim." ~~~
~~~ Heather Caygle, et al., of Politico: "... at age 79 and in her 17th term in the House, [Nancy] Pelosi has never been better, according to interviews with nearly two dozen Democrats. Her command of legislation, her control over her caucus, her ability to confront a historically hostile president and GOP-run Senate on equal terms are unparalleled. She's the one person in Washington who can beat Trump at his own game, though she never wanted to play it. Pelosi broke the marble ceiling a decade ago as the first female speaker of the House. And she was central to the legislative achievements of Barack Obama's presidency, including his signature health care law, the Affordable Care Act.... From the first weeks of [Trump's] presidency, Pelosi has been one of [his] most forceful opponents. In their very first meeting, the then-House minority leader was the only person in a roomful of congressional leaders to confront Trump when he inaccurately claimed widespread voting fraud in the 2016 election. Pelosi has also fought against Trump on his own turf, hitting back on Twitter, trolling him in made-for-TV moments, deriding him as 'an insecure imposter' and even threatening to cancel his State of the Union address in the middle of an ugly government shutdown." ~~~
~~~ Fashion Break. Vanessa Friedman of the New York Times: Nancy Pelosi wore "a lapelless black suit, almost military in design, with a high neck. Its somber color was a reflection of the darkness of the day.... Atop it, a dagger-like gold pin shone out over her heart like a beacon.... The pin ... represents the Mace of the United States House of Representatives: the long, blunt battle staff that has embodied the legislative branch's authority since 1789.... According to a website that catalogs the history of the House of Representatives, the mace is composed of 13 bundled rods, which look like a dagger from afar. They nod to the ancient Roman fasces, used to communicate strength through unity, and represent the original 13 states. The bundled rods are crowned by a globe -- i.e., the world -- atop which sits an American bald eagle, representing the obvious. The object itself, the site says, 'is usually placed atop a pedestal to the Speaker's right side' when the House is in session. If the House meets outside its traditional chamber, the mace follows." P.S. For $125, you can buy the pin, though they're on backorder.
It doesn't really feel like we're being impeached. The country is doing better than ever before. We did nothing wrong. We have tremendous support in the Republican Party like we've never had before. -- The Man Who Would Be King ~~~
~~~ Michael Crowley, et al., of the New York Times: "President Trump angrily responded to the impeachment he had long been dreading on Wednesday, lashing out at his Democratic accusers in a rambling two-hour speech.... In his mostly unscripted remarks, Mr. Trump claimed he was enjoying himself.... But more often he seemed embittered, mocking the physical appearance of his rivals, attacking the news media, calling a female protester a 'slob' and a 'disgusting person,' and suggesting that John D. Dingell Jr., a Democratic congressman from Michigan who died in February after serving 59 years in the House, had gone to hell. Above all, Mr. Trump insisted that the vote to impeach him -- which unfolded at what had been billed as a 'Merry Christmas' campaign rally -- was nothing more than a fabrication by Democrats who cannot tolerate his presidency.... Even by his own standards, the president's speech was discursive and sometimes strange, as when he digressed to complain that modern toilets lack adequate flushing power and that 'women' had informed him that dishwashers, too, have lost their historic oomph." ~~~
~~~ Kathleen Gray of the Detroit Free Press: "During his Merry Christmas rally at Kellogg Arena on Wednesday, ... Donald Trump singled out U.S. Rep. Debbie Dingell, D-Michigan, after she voted for impeachment.... Trump was upset because he said that he gave her the 'A-plus treatment, not the B treatment or the C treatment' after her husband, longtime U.S. Rep. John Dingell, D-Michigan, died in February. He called for flags to be lowered and said he offered up the Capitol Rotunda for his memorial.... 'She called me up and said it was the nicest thing and John would have been so pleased,' Trump said, adding that Dingell said John would be happily looking down from heaven at the ceremony. 'Maybe he's looking up,' Trump said, intimating that Dingell ended up in hell, instead.... Trump seemed to say the word 'Rotunda,' as if he had something to do with John Dingell's lying in state at the U.S. Capitol. But Dingell didn't lie in state before a funeral in Washington and his burial at Arlington National Cemetery and, even if he had, control of the Rotunda belongs to the Congress, not to the president." ~~~
~~~ Mrs. McCrabbie: Well, it was a "Merry Christmas" rally, so Trump was moved by the spirit of the season. Normally, he would have mocked widows AND orphans. ~~~
~~~ Matt Stieb of New York has more lowlights of Trump's "Merry Christmas Rally," "his longest and strangest yet."
** Jonathan Chait: “... Trump's scheme to extort Ukraine for investigations of his domestic opponents became in the minds of his opposition both [an] example and a symbol of his boundless sense of Constitutional impunity.... Both the president's critics and his supporters have attributed this sort of behavior to his character.... But there is also a strong ideological cast to the president's position, a worldview that is shared by a widening circle of Republican figures who may not share, or even approve of, his temperament and personal style.... Trump's extraordinary refusal to acknowledge any oversight role for Congress whatsoever, his claim of an 'absolute right' to do something even his allies recently considered improper forced Democrats to accept that they had to impeach him simply to assert that his twisted authoritarian vision of the presidency is wrong.... There will never be a final victory over Trumpism, just the persistent work of democratic politics."
George Conway in the Atlantic: "... today's impeachment of Donald Trump ... was pretty much inevitable ... because of Trump himself, his very character, whose essential nature many who now support him have long understood.... Trump's exceptional narcissism defines him, and it's what makes him wholly unfit for his job.... In essence, Trump thinks everything should be about him, for him, for his benefit and glorification -- and he can't comprehend, and doesn't care about, anything that isn't.... Should they choose to violate their oaths, history will long remember them for having done so -- not simply because of the insurmountable evidence of what Trump has already done, but also because Trump, by his nature, will assuredly do it all again."
The House clerk reads the Articles of Impeachment:
Speaker Nancy Pelosi's opening statement:
One month before Christmas, I want you to keep this in mind. Pontius Pilate afforded more rights to Jesus than the Democrats have afforded this president. -- Rep. Barry Loudermilk, R-Ga., debate on impeachment
Mrs. Bea McCrabbie: I don't know if all those Republican Congressmen are as thick-headed & oblivious to facts as they say they are or if they're just playing dolts on teevee. But they sure come across as numbskulls. ~~~
~~~ Aaron Blake of the Washington Post: "Some Republicans have ... have set out to argue for an alternate reality: One in which it's not conceivable that Trump did something wrong, because the things that happened didn't actually happen. Rep. Debbie Lesko (R-Ariz.) led the way last week by arguing that Trump hadn't even asked Ukraine President Volodymyr Zelensky to investigate his political rival in their July 25 phone call[.]... Rep. Mark Meadows (R-N.C.), was asked a similar question by CBS News on Tuesday, and he had another take: That Biden wasn't Trump's opponent.... On the House floor Wednesday, Rep. Tom Cole (R-Okla.) maintained not just that military aid to Ukraine wasn't used as part of a quid pro quo but also that the aid wasn't withheld.... Even the White House has admitted the aid was withheld.... In the same comment, Cole also notably denied there was any quid pro quo, and others ... [including] Rep. Jody Hice (R-Ga.) ... [and] Rep. Jim Baird (R-Ind.) -- joined him in that Wednesday[.]"
~~~ Meredith McGraw & Daniel Lippmann of Politico: "From the day he sent Sean Spicer out to harangue journalists over the crowd size at his inauguration, Trump has waged a three-year campaign to wear down any doubts about his right to occupy the Oval Office. He set up -- and then quietly abandoned -- a panel to investigate his specious claims that only voter fraud kept him from winning the popular vote in 2016. He publicly sowed doubts about Russia's election-year meddling. For White House visitors, reporters -- anyone really -- he constantly pulled out the red-saturated map detailing how districts voted in 2016.... 'Obsessed' is how one former White House official described Trump's mindset about how people will remember him. Trump, the ex-official said, has told people around him that impeachment would leave his presidency 'tainted.' 'His image is hugely important to him,' the former official said. 'He is going crazy over this because the legacy he is looking for is the greatest president -- even more so than Abraham Lincoln or George Washington.'" ~~~
~~~ Mrs. McCrabbie: He really has no idea he's the worst, or one of the worst, president*s in U.S. history. Pathetic. ~~~
~~~ BUT. Justin McCarthy of Gallup: "... Donald Trump's job approval rating has inched up again and is now at 45%. The president's ratings have increased six percentage points since the House of Representatives opened an impeachment inquiry against him in the fall. Approval of the president's performance remains high among Republicans (89%) and low among Democrats (8%). Less than half of political independents approve, but the current 42% is up from 34% at the start of the impeachment hearings and matches their highest rating of Trump so far."
Aris Folley of the Hill: "Droves of protesters descended on the Capitol to voice support for President Trump's impeachment on Wednesday ahead of the full House's vote to impeach. According to The Washington Post, hundreds of protesters were demonstrating outside the Capitol, building on a string of similar protests calling on the president's impeachment that spread across the country the night before." (Also linked yesterday.)
The nature of foreign negotiations requires caution, and their success must often depend on secrecy. To admit, then, a right in the House of Representatives to demand and to have as a matter of course all the papers respecting a negotiation with a foreign power would be to establish a dangerous precedent. It does not occur that the inspection of the papers asked for can be relative to any purpose under the cognizance of the House of Representatives except that of an impeachment.... POTUS George Washington, letter to the House of Representatives, March 30, 1796
Except when an Impeachment is proposed & a formal enquiry instituted, I am of opinion that the House of Representatives has no right to demand papers relating to foreign negociations either pending or compleated. -- Oliver Wolcott, Secretary of the Treasury, letter to President Washington, March 26, 1796
Liberal House Democrats Push McCrabbie Move. Mike DeBonis of the Washington Post: "A group of House Democrats is pushing Speaker Nancy Pelosi and other leaders to withhold the articles of impeachment against President Trump that are expected to emerge on Wednesday, potentially delaying a Senate trial for months. The notion of impeaching Trump but holding the articles in the House has gained traction among some on the political left as a way of potentially forcing Senate Majority Leader Mitch McConnell (R-Ky.) to conduct a trial on more favorable terms for Democrats. And if no agreement is reached, some have argued, the trial could be delayed indefinitely, denying Trump an expected acquittal." ~~~
~~~ Hoyer to Discuss McCrabbie Move. Kyle Cheney & John Bresnahan of Politico: "House Majority Leader Steny Hoyer, the second-ranking lawmaker in the House, said Wednesday that Democrats must discuss a last-ditch gambit to delay sending articles of impeachment to the Senate and prevent the Republican controlled chamber from summarily discarding the case against ... Donald Trump. 'Some think it's a good idea. And we need to talk about it,' Hoyer said just as the House began debating articles of impeachment that charge Trump with abuse of power and obstruction of Congress." (Also linked yesterday.)
Linnaea Honl-Stuenkel & Lauren White of CREW: "In November, we noticed a mysterious spike in the price of available rooms at Trump's DC hotel for a Saturday night in December. The minimum cost was 13 times the average, but we couldn't identify a reason for the spike, until photos surfaced of the Trump Victory Committee's winter retreat at Trump's Hotel on that exact night, which appears to have sold out much of the venue. While the least expensive room for a one-night stay at the hotel was around $500 on surrounding days, the cheapest room on December 14 was a whopping $6,719.... The exorbitant cost is even more evidence that hosting fundraisers at the Trump International Hotel is one of the best ways to sell out the notoriously empty venue, sending donor money right into Trump's pocket. Lucky donors who managed to snag a room were also invited to the White House's holiday open house, meaning that the cost of a room at Trump's DC Hotel and donations towards his reelection included exclusive political access for the buyer."
The Biggest Elephant in the Committee Room. David Sanger of the New York Times: "As the House of Representatives began debating Wednesday whether to impeach President Trump for undercutting Ukraine in its fight with Russian aggressors, the Senate Foreign Relations Committee met ... to consider a bill that has been bubbling along all year with bipartisan support: S. 482, the 'Defending American Security from Kremlin Aggression Act of 2019.' The bill's lead author is Senator Lindsey Graham, Republican of South Carolina, who introduced it in February, long before he became the Senate's leading defender of Mr. Trump, and long before Mr. Trump decided to undercut his own administration's policy.... The trick for [Republicans now] is to bash Mr. Putin without impugning Mr. Trump.... After some arguments about whether the new sanctions might harm American companies..., the bill passed, 17 to 5. A vote in the full Senate would not come until next year, presumably after an impeachment trial." ~~~
~~~ MEANWHILE. Betsy Swan of the Daily Beast: "The Trump administration is quietly fighting a new package of sanctions on Russia.... A Trump State Department official sent a 22-page letter to a top Senate chairman on Tuesday making a wide-ranging case against a new sanctions bill. Sen. Lindsey Graham -- usually a staunch ally of the White House -- introduced the legislation earlier this year. It's designed to punish Russian individuals and companies over the Kremlin's targeting of Ukraine, as well as its 2016 election interference in the U.S., its activities in Syria, and its attacks on dissidents. The administration's letter says it 'strongly opposes' the bill unless it goes through a ton of changes."
Presidential Race 2020
Elena Moore of NPR: "The top seven Democratic presidential candidates will appear on stage in Los Angeles Thursday night in the sixth debate of the year.... The debate is set to begin at 8 p.m. ET and last around three hours. It is co-hosted by PBS NewsHour and Politico and will take place at Loyola Marymount University in Los Angeles. The debate will be televised on PBS and CNN, livestreamed online at PBS.org, PBS NewsHour, Politico.com, and CNN.com, and available on many of the news organizations' social, mobile and live-TV streaming apps. You can also listen to the debate on SiriusXM channels 116, 454, and 795.... The debate comes on the heels of a newly settled labor dispute between the food-service workers at [Loyola] and their contracting company Sodexo, a fight that prompted all seven candidates to threaten to boycott the event in solidarity with the workers."
Congressional Race 2020. John Wagner, et al., of the Washington Post: "Rep. Mark Meadows (R-N.C.), one of President Trump's closest allies and staunchest defenders in Congress, announced Thursday that he would not seek reelection next year but would instead stay 'in the fight' with Trump in an unspecified role.... Meadows, a former chairman of the conservative House Freedom Caucus who has served in Congress since 2013, is the 25th House Republican to announce he will not seek reelection next year, according to a tally by the House Press Gallery." CNN's story is here.
** Paul Demko of Politico: "A federal appeals court on Wednesday struck down Obamacare's individual mandate in a decision that immediately thrusts the health care law to the forefront of the 2020 elections. However, the appeals court ruling largely ducked the central question of whether the rest of the Affordable Care Act remained valid after Congress removed the penalty for not having health insurance. The three-judge panel instead sent the case back to a Texas federal judge, who previously threw out the entire law, to reconsider how much of Obamacare could survive. The high-stakes ruling keeps the legal threat to Obamacare alive while reducing the likelihood the Supreme Court could render a final verdict on the law before the next elections. Still, the appeals court's decision could renew pressure on ... Donald Trump and Republicans to explain how they will preserve insurance protections for preexisting conditions after failing to agree on an Obamacare replacement for years." ~~~
~~~ Ian Millhiser of Vox: "When Texas v. United States, a lawsuit over Obamacare, was argued last summer, the United States Court of Appeals for the Fifth Circuit appeared determined to repeal the entire law root and branch. Instead, in their opinion Wednesday, they punted on the biggest question: whether the entire law should be repealed.... The plaintiffs argued the individual mandate -- or, at least, the shell that remains of it -- is unconstitutional. They then argued that the courts should repeal the entire Affordable Care Act because of this alleged defect in one provision of the law. The plaintiffs' legal reasoning in Texas isn't simply rejected by liberal and centrist legal experts -- it's even rejected by many lawyers who spent a good part of their career trying to convince federal courts to repeal Obamacare.... It's likely that the case will proceed on two tracks. While the Trump administration took the plaintiffs' side in this case, several states intervened to defend Obamacare. Those states are likely to ask the Supreme Court to kill this case once and for all."
Rachel Weiner of the Washington Post: "The government is entitled to any money former National Security Agency leaker Edward Snowden makes from his memoir and paid speeches because he disclosed classified information without approval, a federal judge ruled Tuesday. Snowden has been charged with espionage since 2013, when he exposed top-secret surveillance documents in what may have been the biggest security breach in U.S. history.... Unable to put him on trial, the Justice Department this year moved to cut off his profits from the book he published, 'Permanent Record,' as well as from paid speeches. In a brief opinion in federal court in Alexandria, Judge Liam O'Grady ruled in the government's favor. 'The contractual language of the Secrecy Agreements is unambiguous,' he wrote.... Snowden's attorneys said they disagree with the court's decision and will review their options." A Law & Crime story is here.
The Plot Thickens. Stephen Brown of the New York Daily News: "Surveillance footage of the outside of Jeffrey Epstein's cell at the troubled Metropolitan Correctional Center during his suicide attempt has gone missing, prosecutors revealed Wednesday. Assistant U.S. Attorney Jason Swergold admitted nobody can find the footage of the outside of the cell the multimillionaire perv shared with accused quadruple murderer Nick Tartaglione during a hearing in White Plains District Court. Tartaglione, a former Briarcliff Manor cop, faces the death penalty for the alleged murders in a drug deal gone bad.... Tartaglione's attorneys filed a request for the footage to be retained two days after Epstein's unsuccessful suicide attempt on July 23, Barket said."
Way Beyond the Beltway
Amanda Coletta of the Washington Post: "Canada's top court is set to rule Thursday on whether the Ontario-born son of Russian spies whose arrest by the FBI nearly a decade ago inspired the FX series 'The Americans' is entitled to Canadian citizenship. Alexander Vavilov, 25, and his brother, Timofey, 29, were born in a Toronto hospital into what appeared to be an ordinary Canadian family.... Alexander's parents, Andrey Bezrukov and Elena Vavilova, were carrying out 'deep-cover' assignments for the Russian Foreign Intelligence Service, a successor to the KGB. They arrived in Canada in the waning days of the Cold War, stole the identities of Donald Howard Heathfield and Tracey Lee Ann Foley -- Canadians who had died as infants decades earlier-- and began developing their 'legends,' or background stories. In 1995, the family moved from Canada, eventually settling in Cambridge, Mass., where 'Donald' completed graduate studies at Harvard University. The brothers, who were born Alexander and Timothy Foley, never lived in Canada again but visited frequently, Alexander said in court filings. It was in Massachusetts that Alexander's parents were busted in 2010 as part of Operation Ghost Stories, the decade-long FBI investigation that rounded up 10 Russian spies operating under aliases outside of diplomatic cover living in the United States."