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

Publisher & Editor: Marie Burns


Friday
Oct252019

The Commentariat -- October 26, 2019

Late Morning/Afternoon Update:

One Honking Big Toljaso. Tal Axelrod of the Hill: "Former White House chief of staff John Kelly said Saturday that he warned President Trump against hiring a 'yes man' to succeed him at the White House, saying doing so could lead to impeachment. Kelly said at the Sea Island Summit, a political conference hosted by Washington Examiner, that he told Trump that he would be impeached if he did not choose a chief of staff with the strength to blunt some of the president's more self-destructive impulses." Mrs. McC: On the one hand, Kelly is an obnoxious braggart; on the other, he's probably right.

Jordain Carney of the Hill: "Sen. Lindsey Graham (R-S.C.) said on Friday that all but three GOP senators had signed onto his resolution condemning the House impeachment inquiry. GOP Sens. Susan Collins (Maine), Lisa Murkowski (Alaska) and Mitt Romney (Utah) have not yet signed onto the resolution, according to an updated list of co-sponsors shared by Graham the day after he introduced the measure.

Carol Morello of the Washington Post: "Philip Reeker, a senior State Department official who tried to counteract a campaign of falsehoods that undermined the U.S. ambassador to Ukraine, is expected to testify before House impeachment investigators Saturday.... Based on previously released accounts, he can be expected to provide a limited but critical piece of the back story involving an informal endeavor to prod Ukrainian officials to investigate former vice president Joe Biden and his son Hunter ahead of the 2020 presidential election. In March, Reeker was selected as acting assistant secretary in charge of the Bureau of European and Eurasian Affairs. As head of the bureau that dealt with Ukraine, Reeker was nominally in charge of policy for the country. In reality, the policy was being steered by political appointees and by Rudolph W. Giuliani..., according to previous testimony given during the impeachment probe." ~~~

~~~ Conor Finnegan & Allison Pecorin of ABC News: "As the top U.S. diplomat for Europe, Reeker was communicating with key officials who were either part of the efforts of Trump and his personal lawyer Rudy Giuliani to have Ukraine launch investigations that would favor him politically, or were swept up in that effort. Reeker also was communicating with Secretary of State Mike Pompeo and his top aides and may be able to shed more light on what Pompeo knew."

Kyle Cheney of Politico: "Negotiations to make former White House counsel Don McGahn available for a House interview have been active throughout October, the Justice Department indicated Friday, revealing that it has had discussions with the Judiciary Committee five times since Oct. 8. Those talks -- on Oct. 8, 11, 15, 21 and 24 -- came despite an Oct. 8 letter from McGahn's successor, Pat Cipollone, declaring that the White House would refuse to cooperate with Democrats' ongoing impeachment inquiry.... McGahn refused to comply with a subpoena for his testimony in May and the Judiciary Committee filed suit in July, declaring that his testimony is crucial to determine whether the House should file articles of impeachment against Trump. Since then, sporadic talks with the Justice Department have reached no conclusion."

Brett Samuels of the Hill: "President Trump on Friday dismissed the need for a bolstered team to defend him against House Democrats' impeachment inquiry. 'Here's the thing. I don't have teams. Everyone's talking about teams. I'm the team. I did nothing wrong,' Trump told reporters outside the White House before leaving for an event in South Carolina. The comment came as part of a lengthy rant against the impeachment inquiry, which Trump derided as a 'phony deal' focused on a 'perfect' call he had with the Ukrainian president. He went on to say that if anything came of this inquiry, he thinks it could plunge the country into economic downturn."

Martin Crutsinger of the AP: "The federal deficit for the 2019 budget year surged 26% from 2018 to $984.4 billion -- its highest point in seven years. The gap is widely expected to top $1 trillion in the current budget year and likely remain there for the next decade. The year-over-year widening in the deficit reflected such factors as revenue lost from the 2017 Trump tax cut and a budget deal that added billions in spending for military and domestic programs. Forecasts by the Trump administration and the Congressional Budget Office project that the deficit will top $1 trillion in the 2020 budget year, which began Oct. 1. And the CBO estimates that the deficit will stay above $1 trillion over the next decade. Those projections stand in contrast to President Donald Trump's campaign promises that even with revenue lost initially from his tax cuts, he could eliminate the budget deficit with cuts in spending and increased growth generated by the tax cuts."

Reuters: "Maria Butina, who was jailed in the US in April after admitting to working as a Russian agent, arrived in Moscow on Saturday to be greeted by her father and Russian journalists who handed her flowers."

Also, there's a new link below to a story about Trump's visit to Benedict College. The college pretty much locked up the students.

Rory Carroll of the Guardian: "The driver of the lorry that contained 39 dead migrants has been charged with manslaughter and human trafficking. Maurice Robinson, 25, from Co Armagh in Northern Ireland, faces 39 counts of manslaughter, conspiracy to traffic people, conspiracy to assist unlawful immigration and money laundering, Essex police said on Saturday. The announcement came shortly after Irish police arrested another Northern Irish man at Dublin port on suspicion of involvement in the tragedy. It brought the number of people from the island of Ireland who have been arrested to five, fuelling suspicion an Irish smuggling gang was part of the network that transported the migrants. The sprawling police investigation stretches from the Irish border, England, continental Europe and Vietnam, where many of the victims are believed to have come from."

~~~~~~~~~~

Farewell to a Better Angel of Our Natures. Nicholas Bogel-Burroughs & Richard Fausset of the New York Times: "Two former United States presidents and a throng of powerful American leaders joined thousands of everyday people in Baltimore on Friday to bid farewell to Representative Elijah E. Cummings, a towering African-American presence in Washington who was praised for his integrity, his character and, in his final months, his unwavering challenges to President Trump. In one of the stirring eulogies that prompted mourners to rise with applause, Barack Obama called Mr. Cummings 'a man of noble and good heart.' Bill Clinton ... professed his love for Mr. Cummings.... 'We should hear him now in the quiet times at night and in the morning when we need courage, when we get discouraged and we don't know if we can believe anymore,' Mr. Clinton said. But for all of the emotional remembrances of Mr. Cummings as a champion of working people and civil rights, the funeral, which came amid impending impeachment proceedings against Mr. Trump, also was an implicit rebuke of a president who had called the congressman a 'racist' and had criticized his representation of Baltimore...." The AP story is here. ~~~


Kyle Cheney & Josh Gerstein
of Politico: "A federal judge on Friday ruled that the Justice Department must turn over former special counsel Robert Mueller's grand jury evidence to the House Judiciary Committee, a groundbreaking victory for Democrats in their effort to investigate whether ... Donald Trump should be impeached for obstructing the long-running Russia probe. In a double victory for Speaker Nancy Pelosi, Judge Beryl Howell -- the chief federal judge in Washington -- ruled that the impeachment inquiry Democrats have launched is valid even though the House hasn't taken a formal vote on it. The decision rejects arguments by DOJ and congressional Republicans that a formal vote is necessary to launch impeachment proceedings.... Howell took particular issue with a sharply worded letter sent by White House counsel Pat Cipollone on Oct. 8 to House Democrats declaring their intent to block any cooperation by White House officials with the ongoing impeachment inquiry.... 'These arguments smack of farce.... The White House's stated policy of non-cooperation with the impeachment inquiry weighs heavily in favor of disclosure.'... A Justice Department spokeswoman said the DOJ is 'reviewing the decision.'" ~~~

~~~ Carol Leonnig & Josh Dawsey of the Washington Post: "After weeks of dismissing the impeachment inquiry as a hollow partisan attack, President Trump and his closest advisers now recognize that the snowballing probe poses a serious threat to the president -- and that they have little power to block it, according to multiple aides and advisers.... [A] belated scramble [to respond to impeachment proceedings] -- a month after the House formally launched its impeachment inquiry -- serves as a recognition that the White House's strategy of refusing to cooperate with the probe has failed to stymie it, according to Trump advisers and people involved in responding to House requests. That posture was driven by Trump, who dictated much of a defiant letter sent by White House Counsel Pat Cipollone to House leaders earlier this month that claimed the inquiry was constitutionally invalid, according to people familiar with his role.... The president's reconstituted legal team is racing to master details about the administration's dealings with Ukraine, along with the efforts of their longtime co-counsel, Rudolph W. Giuliani, to push Ukraine officials to investigate Trump's Democratic rivals. Meanwhile, White House officials have begun holding regular impeachment strategy meetings, often in the Situation Room." Emphasis added. ~~~

     ~~~ Mrs. Bea McCrabbie: (1) You knew Trump wrote that ridiculous letter, and here's confirmation. (2) The Situation Room? Really? That facility is meant for addressing national & international crises, not for working out the president*'s personal problems.

Kyle Cheney: "Tim Morrison, a National Security Council official who has been identified as a witness to one of the most explosive pieces of evidence unearthed by House impeachment investigators, plans to testify Thursday even if the White House attempts to block him.... Morrison ... would be the first currently serving White House official to testify. He's also the first official believed to be on a July 25 phone call between ...Donald Trump and ... Volodymyr Zelensky during which Trump pressed his counterpart to investigate former vice president Joe Biden." (Also linked yesterday.) ~~~

~~~ BUT Now There's This. Michael Schmidt of the New York Times: "A key witness in the impeachment investigation filed a lawsuit Friday asking a federal judge to rule on whether he can testify, a move that raises new doubts about whether President Trump's closest aides, like the former national security adviser, John R. Bolton, will be able to cooperate with the inquiry. House Democrats had subpoenaed the witness, Charles M. Kupperman, who served as Mr. Trump's deputy national security adviser, to testify on Monday. But in an effort to stop Mr. Kupperman from doing so, the White House said on Friday that the president had invoked 'constitutional immunity,' leaving Mr. Kupperman uncertain about what to do. 'Plaintiff obviously cannot satisfy the competing demands of both the legislative and executive branches, and he is aware of no controlling judicial authority definitively establishing which branch's command should prevail,' the suit said. The implications of the suit, filed in federal court in Washington, extend beyond Mr. Kupperman. His lawyer, Charles J. Cooper, also represents Mr. Bolton and is likely to address congressional requests for his testimony in a similar fashion. House Democrats have had discussions with Mr. Cooper in recent days about Mr. Bolton testifying but have not subpoenaed him.” ~~~

If this case is ultimately decided by the Supreme Court, it will be one of the most consequential separation of powers cases in American constitutional history -- however it is decided. --- J. Michael Luttig, a former federal judge, to the Washington Post ~~~

     ~~~ Kyle Cheney: Kupperman pointed to what he described as the merits and drawbacks of both the White House and Congress' arguments. He noted that a court ruled in 2008 that there are limits on claims of 'absolute immunity'" of presidential advisers to congressional testimony, even if those limits hadn't been tested. That court determined that President George W. Bush's counsel, Harriet Miers and other senior administration officials, did not enjoy 'absolute immunity.' But the court left the guidelines ambiguous.... Kupperman also raised questions about whether the House subpoena itself was valid, in part because of concerns raised by Republicans that the impeachment inquiry itself failed to comply with House rules.... In a rebuke of that position, however, [Judge Beryl Howell] in a separate matter ruled earlier in the day [story linked above] that the House's impeachment inquiry is valid and constitutional, rejecting the Trump administration's claim that it's an illegitimate exercise of congressional power."

Sara Murray, et al., of CNN: "... Donald Trump was already under fire for freezing aid to Ukraine when ... on September 11, Ohio Sen. Rob Portman [R] made one last pitch to the President, telling him that with the end of the fiscal year fast approaching, if he didn't act soon there wouldn't be time to get the money out the door, according to six sources....Trump put up his usual defenses with Portman, claiming the US was getting a poor deal in Ukraine and that European allies weren't doing their fair share.... But in a move that surprised officials from Washington to Kiev, after months of holding up the money the President finally relented. That evening after his call with Portman, Trump released the funds.... Much like the decision to freeze the aid, the decision to abruptly release it appears to lie squarely with the President.... What triggered the President to ultimately release the nearly $400 million in security aid, and how that decision was communicated to other government agencies, is one of the key mysteries that impeachment investigators are trying to unravel.... National security adviser John Bolton was fired the day before Trump changed his mind, and White House officials had recently been made aware of a whistleblower complaint that had been filed concerning Trump's behavior toward Ukraine."

~~~ Mrs. McCrabbie: The reason Trump suddenly released the funds to Ukraine may be a "mystery" to some, but it seems pretty obvious: despite his big mouth, Trump & his gang try to keep a lid on some of Trump's shadiest schemes. Once Trump realizes his cover is blown -- as he did when he heard the whistleblower complaint was about to become public -- he caves. That is to say, he suddenly reverses course & does what he was required to do all along. Here's another case that's directly on point:

~~~ Reis Thebault, et al., of the Washington Post: The White House trade representative restored some of Ukraine's trade privileges Friday evening, reinstating benefits that were initially prepared for approval in late August. The paperwork was expected to be routine at the time, but then-national security adviser John Bolton had warned U.S. Trade Representative Robert E. Lighthizer that President Trump would oppose any action that benefited Kyiv, said people briefed on the matter. Following Bolton's warning, the White House pulled the paperwork back.... The move, announced by Lighthizer's office, comes a day after The Washington Post reported on Bolton's exhortation. The revelation of that exchange between Bolton and Lighthizer was the first sign that the administration's suspension of assistance to Ukraine extended beyond Trump's withholding of $391 million in military aid to the country -- the action at the center of House Democrats' impeachment inquiry." Emphasis added.

The Misadventures of ~~~

Then They Blew the Door off the Safe. Erica Orden & Evan Perez of CNN: "Federal prosecutors in New York have subpoenaed the brother of one of the recently indicted associates of Rudy Giuliani, according to two people familiar with the matter, as they escalate their investigation in the campaign-finance case. The subpoena to Steven Fruman is the latest indication of prosecutors' actions since the rushed arrest two weeks ago of his brother, Igor Fruman, and another defendant, Lev Parnas, at a Washington-area airport. Since then, investigators have doled out multiple subpoenas and conducted several property searches, in one case blowing the door off a safe to access the contents, sources tell CNN. Federal prosecutors told a judge this week that they are sifting through data from more than 50 bank accounts. In addition, they've put a filter team in place as they examine communications obtained via search warrant and subpoena, sensitive to material that could be subject to attorney-client privilege because Giuliani..., Donald Trump's personal attorney, counted Parnas as a client." (Also linked yesterday afternoon.) ~~~

~~~ Wait, Wait. There's More. Actual Headline: "Rudy Giuliani butt-dials NBC reporter, heard discussing need for cash and trashing Bidens. Rich Schapiro of NBC News: "The call came in at 11:07 p.m. and went to voicemail; the reporter was asleep. The next morning, a message exactly three minutes long was sitting in the reporter's voicemail. In the recording, the words tumbling out of Giuliani's mouth were not directed at the reporter. He was speaking to someone else, someone in the same room. Giuliani can be heard discussing overseas dealings and lamenting the need for cash.... 'Is Robert around?' Giuliani asks. 'He's in Turkey,' the man responds. Giuliani replies..., 'The problem is we need some money.... 'We need a few hundred thousand,' he says." Schapiro then relates an earlier butt-call he received from Giuliani on the afternoon of September 28, in which Rudy spent the 3 minutes trashing the Bidens. Near the end of that recording, Giuliani says, "They [in context, Ukranian officials] don't want to investigate because he's [Joe or Hunter Biden] protected, so we gotta force them to do it." As Mimi Rocah pointed out on MSNBC, this is the type of admission investigators seek when listening to wiretaps. ~~~

... I think Rudy is a great gentleman. He's been a great crime fighter. He looks for corruption wherever he goes.... He was the greatest mayor in the history of New York and he's been one of the greatest crime fighters and corruption fighters. Rudy Giuliani is a good man. -- Donald Trump, to reporters, Friday ~~~

~~~ Ken Vogel of the New York Times: "Rudolph W. Giuliani ... signaled this month that he planned to open a new front in his attacks against former Vice President Joseph R. Biden Jr. -- work done by Mr. Biden's son Hunter Biden for a wealthy Romanian business executive facing corruption charges. But there's a problem with that strategy: Mr. Giuliani participated in an effort that would have helped the same executive, and was in fact recruited to do so by Louis J. Freeh, a former F.B.I. director who had been brought onto the matter by Hunter Biden. In effect, Mr. Giuliani and Hunter Biden were on the same team, if not at the same time. And their work to help the business executive, along with that of Mr. Freeh, stood in contrast to efforts by the United States, including Vice President Biden while he was in office, to encourage anti-corruption efforts in Romania.... The dynamic in Romania underscores how Mr. Giuliani has done a brisk international business with clients who sometimes seem to be seeking to capitalize on his connections to Mr. Trump even as he has accused Hunter Biden of seeking to capitalize on his father's name while doing business in other countries." ~~~

~~~ Darren Samuelsohn of Politico: "Rudy Giuliani's problems keep piling up.... Two of his foreign-born business associates are headed to trial on charges that are part of a broader effort by federal prosecutors eyeing Giuliani himself. The scrutiny isn't coming just from the previously known probes by FBI agents and the U.S. attorney's office based out of Manhattan, according to two people familiar with the investigation. The criminal division of the Justice Department in Washington has taken an interest in the former New York mayor, too, meaning an expansion of resources that indicates the politically sensitive probe into the president's personal attorney is both broader and moving at a faster pace than previously understood.... 'He appears to be a subject, if not a target of an active investigation. So to have him be a part of the [president*'s] legal team would be troublesome to say the least,' said Greg Brower, who served as the FBI's top liaison to Congress until 2018.... Democratic impeachment investigators [are circling] Giuliani." ~~~

~~~ "O, What a Tangled Web We Weave When First We Practise to Deceive!" Marcy Wheeler: The involvement of the D.C. office a/k/a "Main Justice" "... is probably partly an attempt by Bill Barr and Brian Benczkowski to limit the damage that the Lev Parnas and Igor Fruman prosecution can do to the President, even though it's crystal clear their crimes tie to the extortion the President was engaged in on his July 25 call with Volodymyr Zelensky. The focus on Rudy suggests he may be the scapegoat, who must be aggressively prosecuted as a way to avoid prosecuting the President.... But Main Justice's bigfooting into SDNY probably serves another purpose: it helps Benczkowski and others avoid obstruction charges for actions they took to ensure that the August assessment of the whistleblower complaint wouldn't discover the obvious ties between the crimes that SDNY was about to charge and the President's behavior.... Since that is public and obvious to anyone who knows how FBI is supposed to work, Main Justice has no choice but to show some interest in these crimes now or risk being part of the conspiracy." ~~~

~~~ ** Ken Dilanian of NBC News: "Dozens of inspectors general across the federal government have signed a letter repudiating the Justice Department's legal opinion that the original complaint by a CIA whistleblower about ... Donald Trump's conversation with Ukraine's president did not have to be turned over to Congress. In a strongly worded statement written by the inspector general of the Justice Department, the inspectors general portrayed the opinion by the DOJ's Office of Legal Counsel as dangerously wrong and severely damaging to whistleblower protections.... The head of the OLC, Steven Engel, is a political appointee hired in November 2017.... The Trump administration tried to keep the complaint secret. Justice Department lawyers at the OLC ruled that the complaint did not fit the definition of an urgent concern because it alleged misconduct by a person (the president) who is not a member of the intelligence community, and because the alleged misconduct didn't specifically involve intelligence activities. Therefore, they ruled, Congress had no right to see it. The inspectors general wrote in their letter that this analysis was wrong on several points." Legal experts said the inspectors' general letter was extraordinary & significant. ~~~

~~~ ** Amanda Marcotte in Salon: "instead of trying to stop [Russian interference in U.S. Elections, Donald Trump and Bill Barr's] plan is quite clearly to use the power of the United States government to cover up the Russian conspiracy -- and intimidate any law enforcement officials who might feel the urge to fight similar criminal conspiracies going into the 2020 elections.... Mueller uncovered a vast Russian conspiracy that pulled off something the Watergate burglars never could.... Mueller also discovered that Trump knew about this conspiracy, encouraged it publicly, and attempted to get involved but apparently failed -- probably because the Russians concluded he was unreliable.... Just because the Mueller investigation is over doesn't mean Trump's efforts to cover up for Vladimir Putin's campaign against democracy have ended. On the contrary, the obstruction of justice campaign has expanded. Now, under the guidance of Barr, it's being run by the Department of Justice itself.... Barr is doing is exactly what Trump, using the threat of withheld military aid, tried to force Ukrainian President Volodymyr Zelensky to do: Open up a phony investigation in order to smear Democrats and deny that the Russian government was behind the criminal attack on the 2016 election.... It's time to open an impeachment inquiry into Bill Barr, as well." ~~~

     ~~~ Mrs. McCrabbie: A few years ago, a claim that the Attorney General of the United States was a "long-term project to transform the U.S. into an undemocratic, quasi-authoritarian plutocracy" (digby, cited by Marcotte) would have sounded as unhinged as anything in Trump's catalog of conspiracy theories. Now, it looks likely.

Trump Buses in Black Audience to Historically-Black College. Astead Herndon & Maggie Astor of the New York Times: "President Trump, speaking to a handpicked audience of supporters at a historically black college [in Columbia, S.C.,] on Friday, belittled the Obama administration's record on racial equity and claimed that his own administration had helped African-Americans beyond anything 'in the history of our country.'... Opening a three-day forum on criminal justice that will later feature his Democratic rivals, Mr. Trump promoted the bipartisan criminal justice overhaul he signed last year.... But as his hourlong speech went on, his message of harmony gave way to his trademark partisan attacks on Democrats.... Mr. Trump and his allies had billed the speech, at Benedict College in Columbia, as a chance for the president to ... his administration's record on criminal justice reform and black employment directly to a black audience. But fewer than 10 students from Benedict were given tickets to the invitation-only event.... More than half of the seats were reserved for guests and allies of the administration, including many black supporters of Mr. Trump who came from out of state." Thanks to Ken. W. for the link. ~~~

~~~ NEW. Eric Connor & Carol Motsinger of the Greenville News: "Benedict students, who the week prior pondered what questions they might ask the president once his surprise visit to the forum was announced, were asked to stay in their dorms. Seven students were allowed inside for the speech.... Classes were canceled, and students were served lunch inside their dorms from 1 p.m. to 2 p.m." for security reasons, a spokeswoman for the school said."

Russ Choma of Mother Jones: "On Friday, the Wall Street Journal reported that the Trump Organization has been in contact with a real estate advisory firm to discuss the possible sale of the Trump International Hotel [in Washington, D.C.,] and is seeking as much as $500 million. Since it opened shortly before the 2016 election, the hotel has been a magnet for Trump's conservative allies, as well as lobbyists and foreign officials seeking to curry favor with the president. And it has been a lighting rod for criticism because of the conflict of interest it represents. In a statement, Eric Trump said ... the Trump Organization is now considering a sale because 'people are objecting to us making so much money on the hotel, and therefore we may be willing to sell.'... It's not clear the hotel is making 'so much money.'... The lease requires Trump to pay $3 million a year, plus a percentage of the profits, to the Government Services Administration.... But a GSA official testified to Congress last month that Trump hasn't ever paid much more than the $3 million, suggesting that the hotel may not be making 'so much money.'" The WSJ story is here. ~~~

~~~ Jonathan O'Connell of the Washington Post: "The Trumps are trying to sell the lease at the earliest they are allowed. According to lease documents, the Trumps were not allowed to sell their interest until three years after the hotel's opening date, which was Oct. 26, 2016.... The hotel's dealings with foreign governments have led to multiple lawsuits, congressional inquiries and investigations.... House Democrats are looking more aggressively into the hotel project. The House committee that oversees the GSA issued a subpoena [for documents] Thursday.... Because the sale would take place while Trump is in office ... any deal may carry its own ethical questions..., possibly raising concerns about the foreign emoluments clause ... [and] about whether taxpayers are receiving a fair deal.... Trump has an enormous financial stake in the project."

Mrs. McCrabbie: In what I suppose will be a continuing series, "Where Are They Now," we learn that, as winter approaches, one person who may have slipped our minds is on her way to balmy Siberia. ~~~

~~~ Sara Murray, et al., of CNN: "... Maria Butina was released from the Tallahassee Federal Correction Institution on Friday after having served more than 15 months behind bars, according to the US Federal Bureau of Prisons, and is expected to be immediately deported to Moscow. Butina, a Russian national who studied at American University in Washington, pleaded guilty last year to conspiracy to act as an agent of a foreign government after she tried to infiltrate conservative political groups, including the National Rifle Association, and promote Russian interests. Butina was sentenced to 18 months in prison earlier this year and has been in custody since her arrest on July 15, 2018.... Butina intends to return to her hometown of Barnaul in Siberia."

Oil is secured. Our soldiers have left and are leaving Syria for other places, then.... COMING HOME! ... When these pundit fools who have called the Middle East wrong for 20 years ask what we are getting out of the deal, I simply say, THE OIL, AND WE ARE BRINGING OUR SOLDIERS BACK HOME, ISIS SECURED! -- Donald Trump, Friday, in a tweet, Friday ~~~

~~~ Uh, Mark Esperanto Ramps Up U.S. Military Presence in Syria. Lolita Baldor & Robert Burns of the AP: “The United States will send armored reinforcements into eastern Syria to bolster defenses against a potential move by Islamic State militants on oil fields controlled by U.S.-backed Syrian Kurds, U.S. Defense Secretary Mark Esper said Friday. Esper described the added force as 'mechanized,' which would likely means it will include tanks and other combat vehicles such as Bradley armored infantry carriers. This would introduce a new dimension to the U.S. military presence, which largely has been comprised of special operations forces not equipped with tanks or other armored vehicles.... Although Esper did not mention the size of the U.S. reinforcements, it could total several hundred troops.... Esper said IS must not be allowed to again threaten the oil. Esper's announcement came even as Trump again indicated in tweets that the U.S. military mission in Syria is completed.... He also said anew on Friday that 'we're getting our troops out' of Syria, without mentioning Esper's announcement. 'We are doing well in Syria, with Turkey and everybody else that we're dealing with,' Trump said. 'We have secured the oil. ... We have a couple of people that came knocking, we said don't knock. And I think I would say that things are going very well.' White House officials would not clarify whom he was referring to as 'knocking.'" ~~~

      ~~~ Mrs. McCrabbie: The duplicity & deceit screaming in all caps from that one Trump tweet cited above are breathtaking. Save the oil but screw the people. We're bringing out troops home (but actually they've gone to Iraq & we're adding new troops & materiel to guard Syrian oil fields). ISIS is secured (but actually that's not remotely the case).

Jordan Novet of CNBC: "Microsoft has emerged victorious in a dramatic competition for public cloud resources for the U.S. Defense Department, beating out market leader Amazon Web Services, the Pentagon said on Friday. The contract could be worth as much as $10 billion over a decade, according to a statement.... Early in the process Amazon was seen as the favorite, partly because its AWS business won a deal with the CIA in 2013. Also Amazon had been certified at the highest existing security clearance level, while Microsoft sought to catch up. In July, President Trump said he was looking at the contract after companies had protested the the bidding process. While Trump didn't cite Amazon CEO Jeff Bezos by name at the time, the billionaire ... owns The Washington Post, which Trump regularly criticizes for its coverage of his administration. Trump also has gone after Amazon repeatedly on other fronts, such as claiming it does not pay its fair share of taxes and rips off the U.S. Post Office. In August, Defense Secretary Mark Esper said that he would look at it. Then, earlier this week, the Pentagon said that Esper had removed himself from the process because his son Luke Esper works at IBM." ~~~

     ~~~ Kate Conger, et al., of the New York Times: "The Department of Defense on Friday awarded a $10 billion technology contract to Microsoft over Amazon in a contest that was closely watched after President Trump ramped up his criticism of Amazon's founder, Jeff Bezos, and said he might intervene.... In public, Mr. Trump said there were other 'great companies' that should have a chance at the contract. But a speechwriter for former Defense Secretary Jim Mattis says in a book scheduled for publication next week that Mr. Trump had wanted to foil Amazon and give the contract to another company.... The award to Microsoft is likely to fuel suspicions that Mr. Trump may have weighed in privately as well as publicly against Amazon. Experts on federal contracting said it would be highly improper for a president to intervene in the awarding of a contract. Price Floyd, a former head of public affairs at the Pentagon who consulted briefly for Amazon, said he thought Mr. Trump's vocal criticism of Amazon would give it ample grounds to protest the award to Microsoft.... Senator Mark Warner, a Democrat of Virginia, said on Twitter that it was 'important that we maintain a fair & competitive process' and that 'for the President to use the power of his office to punish critics in the media would be a complete abuse of power.'"

Tom Krisher of the AP: "A contentious 40-day strike that crippled General Motors' U.S. production came to an end Friday as workers approved a new contract with the company. The four-year deal will now be used as a template in bargaining with crosstown rival Ford Motor Co., the union's choice for the next round of bargaining, followed by Fiat Chrysler. GM workers voted 57.2% in favor of the pact, passing it with a vote of 23,389 to 17,501, the union said in a statement. Picket lines came down almost immediately after the vote was announced, and some of the 49,000 striking workers were expected to return to their jobs as early as Friday night."

News Ledes

AP: "New evacuations were ordered Saturday for at least 50,000 people near a huge wildfire and millions of Californians will have their power cut again as the state's largest utility said it would shut off electricity for the third time in as many weeks because of looming strong winds and high fire danger. Pacific Gas & Electric said it would begin blackouts in the afternoon for about 940,000 homes and businesses in 36 counties for 48 hours or longer throughout the San Francisco Bay Area, wine country and Sierra foothills. That's about 90,000 more customers affected than previously predicted. The entire communities of Healdsburg and Windsor were ordered to evacuate ahead of severe winds that could lead to erratic fire behavior near the blaze burning in wine country."

AP: "Millions of Californians were preparing to live in the dark again as the state's largest utility warned it may cut power for the third time in as many weeks because of looming strong winds and high fire danger. Pacific Gas & Electric will decide Saturday whether to blackout 850,000 homes and businesses in 36 counties for 48 hours or longer throughout the San Francisco Bay Area, wine country and Sierra foothills. The two previous shutdowns were done amid concern that gusty winds could foul or knock down power lines and spark devastating wildfires. Weather forecasts called for record strong winds to lash much of the region over the weekend, with some gusts hitting 85 mph."

Thursday
Oct242019

The Commentariat -- October 25, 2019

Afternoon Update:

Kyle Cheney of Politico: "Tim Morrison, a National Security Council official who has been identified as a witness to one of the most explosive pieces of evidence unearthed by House impeachment investigators, plans to testify Thursday even if the White House attempts to block him.... Morrison ... would be the first currently serving White House official to testify. He's also the first official believed to be on a July 25 phone call between ... Donald Trump and Ukrainian President Volodymyr Zelensky during which Trump pressed his counterpart to investigate former vice president Joe Biden."

Erica Orden & Evan Perez of CNN: "Federal prosecutors in New York have subpoenaed the brother of one of the recently indicted associates of Rudy Giuliani, according to two people familiar with the matter, as they escalate their investigation in the campaign-finance case. The subpoena to Steven Fruman is the latest indication of prosecutors' actions since the rushed arrest two weeks ago of his brother, Igor Fruman, and another defendant, Lev Parnas, at a Washington-area airport. Since then, investigators have doled out multiple subpoenas and conducted several property searches, in one case blowing the door off a safe to access the contents, sources tell CNN. Federal prosecutors told a judge this week that they are sifting through data from more than 50 bank accounts. In addition, they've put a filter team in place as they examine communications obtained via search warrant and subpoena, sensitive to material that could be subject to attorney-client privilege because Giuliani..., Donald Trump's personal attorney, counted Parnas as a client."

~~~~~~~~~~

Manu Raju, et al., of CNN: "Tim Morrison, a top Russia and Europe adviser on ... Donald Trump's National Security Council, is expected to testify before House impeachment investigators next week and corroborate key elements of a top US diplomat's account that Trump was pressing for Ukraine to publicly announce investigations into the Bidens before he would greenlight US security assistance, according to sources. Bill Taylor, the top US diplomat in Ukraine, said in extraordinary testimony on Tuesday that Trump pushed for Ukraine to publicly announce investigations, including one into former Vice President Joe Biden and his son, using as leverage the military aid the country sought to fight back against Russian aggression. Morrison's testimony is expected to be significant because he is a current White House official whose name was cited 15 times in Taylor's opening statement, which Democrats view as damning for Trump. Morrison also listened to the July 25 call between Trump and the Ukrainian leader.... But two sources also tell CNN that Morrison will contend that he didn't see anything wrong with what the Trump administration did, while one of the sources said there will be 'nuance' over what Morrison intends to say." ~~~

     ~~~ Mrs. McCrabbie: "Nuance?" Maybe not.

~~~ Mrs. McCrabbie: CNN is reporting that John Bolton is in negotiations with the House committees to appear for a deposition. No wonder Trump didn't trash Bolton when he fired him/Bolton quit; looks as if Trump can plan this far (a couple of weeks) ahead.

Charlie Savage of the New York Times publishes the warning letter, annotated, which Pentagon official Laura Cooper's attorney received from the DOD the day before she was scheduled to testify voluntarily. The letter told her not to cooperate. Cooper testified under subpoena. The AP reports on the letter but does not reproduce it.

David Lynch & Josh Dawsey of the Washington Post: "The White House's trade representative in late August withdrew a recommendation to restore some of Ukraine's trade privileges after John Bolton, then-national security adviser, warned him that President Trump probably would oppose any action that benefited the government in Kyiv, according to people briefed on the matter. The warning to Robert E. Lighthizer came as Trump was withholding $391 million in military aid and security assistance from Ukraine.... The August exchange between Bolton and Lighthizer over the trade matter represents the first indication that the administration's suspension of assistance to Ukraine extended beyond the congressionally authorized military aid and security assistance to other government programs.... Bolton did not share Trump's view that Ukraine might be a source of damaging political information, but he was privy to weeks of back-and-forth within the administration and in Kyiv about the military aid." Emphasis added. The Hill has a summary of the WashPo report.

"I'm Trump's Lawyer." -- Rudy Giuliani, Incriminating Trump, Himself. Jerry Lambe of Law & Crime: "After months of insisting he was working at the behest of the State Department, Rudy Giuliani on Wednesday evening unequivocally stated that his work in Ukraine was performed in his capacity as ... Donald Trump's private attorney, an admission legal commentators say may have serious repercussions for both Giuliani and the White House. 'With all the Fake News let me make it clear that everything I did was to discover evidence to defend my client against false charges...,' Giuliani tweeted.... [Marty Lederman, a constitutional scholar, wrote, 'This merely confirms what was so outrageous: ... [Giuliani's] duty of loyalty was 100% to his (personal capacity) client. And yet Trump told Ukraine it had to dance to Rudy's tune -- a tune designed to advance Trump's personal interests -- in order to remain in the U.S.'s good graces (e.g., to secure access, aid, etc.).... This is the highest of high crimes -- using the leverage of his position as chief diplomat to advance his own interests -- and it's hard to imagine anything more inconsistent w/Trump's constitutional oath & duty and more revealing of his utter unfitness for office. And that'd be true *even if there were no quid pro quo* (but of course there was, which makes it all the worse).'" (Also linked yesterday afternoon.) ~~~

~~~ Erica Orden, et al., of CNN: "Rudy Giuliani has been approaching defense attorneys for possible representation, according to three sources familiar with the matter. The move by Giuliani, who is President Donald Trump's personal attorney, is notable because last week he said he would not be seeking a new lawyer unless he felt one was needed. His previous lawyer, John Sale, was helping him deal with congressional inquiries." Mrs. McC: It would have been a good idea if Rudy had found an attorney in time for said attorney to tell him to STFU. But, as far as the nation is concerned, it's nice of him to admit his job was helping Trump commit an impeachable offense. (Also linked yesterday afternoon.) ~~~

~~~ ** "No, I'm Trump's Lawyer." -- Bill Barr, Incriminating Himself, Trump. Katie Benner & Adam Goldman of the New York Times: "For more than two years, President Trump has repeatedly attacked the Russia investigation, portraying it as a hoax and illegal even months after the special counsel closed it. Now, Mr. Trump's own Justice Department has opened a criminal investigation into how it all began. Justice Department officials have shifted an administrative review of the Russia investigation closely overseen by Attorney General William P. Barr to a criminal inquiry, according to two people familiar with the matter. The move gives the prosecutor running it, John H. Durham, the power to subpoena for witness testimony and documents, to impanel a grand jury and to file criminal charges. The opening of a criminal investigation is likely to raise alarms that Mr. Trump is using the Justice Department to go after his perceived enemies.... Mr. Trump has made clear that he sees the typically independent Justice Department as a tool to be wielded against his political enemies." Update: An AP story is here. ~~~

     ~~~ Mrs. McCrabbie: Rudy & Bill are pursuing related conspiracy theories. The theories center on the notion that President Obama or Hillary Clinton were the real ringleaders of a huge plot to interfere with the 2016 election and frame Russia. It would seem to be a vast left-wing conspiracy wherein hundreds of "deep state" villains are in on the plot: White House & Clinton campaign honchos, the top people at the FBI & their minions, directors of the intelligence agencies & their operatives, Bob Mueller & his investigators & prosecutors (not to mention Sessions & Rosenstein), the Senate Intelligence Committee & its staff, allied governments around the world, & who knows who else. What's pretty amazing is that none of these hundreds of people ever blabbed: nobody got drunk & blabbed at the bar, nobody told her boyfriend, nobody went to the National Enquirer looking for a payoff for dirt. ~~~

~~~ Anna Momigliano of the New York Times: "Prime Minister Giuseppe Conte of Italy said his country's intelligence services had informed the American attorney general, William P. Barr, that they played no role in the events leading to the Russia investigation, taking the air out of an unsubstantiated theory promoted by President Trump and his allies in recent weeks. 'Our intelligence is completely unrelated to the so-called Russiagate...,' Mr. Conte said in a news conference in Rome on Wednesday evening after spending hours describing Italy's discussions with Mr. Barr to the parliamentary committee on intelligence.... Mr. Trump and his associates have asserted, without evidence, that [Joseph] Mifsud [-- who told George Papadopoulos that Russia had thousands of e-mails that contained damaging info about Hillary Clinton --] is not a professor with links to Russia, as the special counsel's report states, but a Western intelligence asset working as part of an Obama administration plot to spy on the Trump campaign. That theory, once relegated to the far-right margins, has become a frequent talking point of Mr. Trump's as he seeks to undermine the special counsel's report. Mr. Barr at least twice visited Rome to investigate the allegations, on Aug. 15 and Sept. 27." (Also linked yesterday.) ~~~

     ~~~ TPM's story, by Josh Kovensky, is here. ~~~

~~~ Colin Kalmbacher of Law & Crime: "The New York City Bar Association has called on U.S. Attorney General William Barr to stand down and recuse himself from any further review by the Department of Justice (DOJ) of issues related to the Trump Administration's massive and snowballing Ukraine scandal.... In a statement, the organization blasted Barr's continued presence[:] 'To help remedy that failure [of undermining DOJ independence], the New York City Bar Association urges that Mr. Barr recuse himself from any ongoing or future review by DOJ of Ukraine-related issues in which Mr. Barr is allegedly involved. If he fails to do so, he should resign or, failing that, be subject to sanctions, including possible removal, by Congress.'" --s ~~~

     ~~~ Mrs. McCrabbie: I've scanned several stories on this & none let on whether or not Barr was a member of the NYC bar. Elizabeth Dye of Above the Law urged the D.C. bar to follow the NYC bar's lead. Barr is a member of the D.C. bar.

Andrew Kirell of the Daily Beast: "White House Press Secretary Stephanie Grisham on Thursday doubled down on her boss' 'human scum' attack on so-called 'Never Trump' Republicans and seemingly expanded it to include anyone who has worked against the president's agenda.... 'The people who are against him, and who have been against him, and have been working against him since the day they took office are just that.'" Mrs. McC: As New York's "Intelligencer" pointed out, at least Trump (and now Grisham) are conceding the Never-Trumpers are human. (Also linked yesterday afternoon.)

Inae Oh of Mother Jones: "Today, the Wall Street Journal editorial board has chimed in with a bizarre, new argument for why Trump should not be impeached: he's simply too inept. No, seriously. 'Intriguingly, Mr. Taylor says in his statement that many people in the Administration opposed the Giuliani effort, including some in senior positions at the White House. This matters because it may turn out that while Mr. Trump wanted a quid-pro-quo policy ultimatum toward Ukraine, he was too inept to execute it. Impeachment for incompetence would disqualify most of the government, and most Presidents at some point or another in office. The editorial is here. (Also linked yesterday afternoon.)

Lindsey to Introduce Suck-up Resolution. Sarah Kolinovsky of ABC News: "Sen. Lindsey Graham, R-S.C., introduced a resolution on Thursday calling for the House of Representatives to hold a vote to initiate a formal impeachment inquiry, to allow ... Donald Trump to call witnesses on his behalf and to confront his accusers and to give subpoena power to House Republicans." ~~~

     ~~~ Mrs. McCrabbie: safari found a Twitter feed (Frank Thorp V) that listed the senators who had not yet signed onto Lindsey's suck-up resolution. They are: Alexander, Collins, Enzi, Gardner, Isakson, Murkowski, & Romney. Alexander, Enzi & Isakson have said they will retire. Gardner is in a tight 2020 race in a purple state, leaning blue. Murkowski isn't afraid to stand up to Trump. Romney is enjoying his status as the Senate's Never Trump. And Collins, well, ~~~

IOKIYAR. Ken Meyer of Mediaite: In 2016, when Secretary of State & Sycophancy Mike Pompeo was a member of Congress, he "defended the House Select Committee on Benghazi for the closed-door interviews they conducted while investigating the attack.... 'We felt like these closed door interviews were a much more effective way to get the facts for the American people.'... [Trey] Gowdy [R], the former South Carolina representative and chairman of the Benghazi committee, similarly defended private hearings in 2015 by saying they 'always produce better results.' 'I can just tell you that of the 50-some odd interviews we have done thus far, the vast majority of them have been private,' the former congressman said in an interview with Chuck Todd. 'And you don't see the bickering among the members of Congress in private interviews.'" (Also linked yesterday afternoon.)

Brad Reed of the Raw Story: Wherein CNN's Poppy Harlow busts Rep. Jodey Arrington (R-Texas) "for blatantly misstating the facts about the whistleblower who filed a complaint against ... Donald Trump." (Also linked yesterday afternoon.)

Matt Wilstein of the Daily Beast: "After Republican members of the House literally stormed the gates of the impeachment hearings on Wednesday, Judge Andrew Napolitano stopped by Fox & Friends Thursday morning to deliver a harsh wake-up call: Democrats are just 'following the rules' -- rules written by Republicans":

     ~~~ Mrs. McCrabbie: As the Fox & Friends Couch Lady understands it, the depositions "will go on and on and on until they find something on the President*." Looks as if Fox "News" is way ahead of Donald Trump & already has a rule prohibiting its on-air personalities from reading the New York Times & Washington Post (see related story linked below).

Summer Concepcion of TPM: Secretary of State Mike Pompeo says he isn't sweating the House's impeachment inquiry. In an interview with The Wichita Eagle Thursday, Pompeo said that he doesn't think that the impeachment inquiry has damaged his image or leadership at the State Department.... Pompeo then seemed to take aim at the media for its coverage of testimonies from State Department officials, including top Ukraine diplomat Bill Taylor, related to the House's impeachment probe.... When asked about Taylor's damning testimony this week, which mentioned how Taylor sent Pompeo a cable in August expressing his issues regarding the delay of military aid to Ukraine, the secretary of state refused to comment. 'Yeah, I'm not going to talk about [the] inquiry this morning,' Pompeo said." ~~~

~~~ Rachel Frazin of the Hill: "Secretary of State Mike Pompeo told a reporter for a Kansas newspaper that his question was 'insane' after the journalist asked if President Trump's recent decision to move troops out of northern Syria undermined U.S. credibility. Pompeo, a former GOP congressman from Kansas's 4th District, was asked by a Wichita Eagle reporter, 'What good really is the word of the U.S. in light of the president's treatment of the Kurds? Has that undercut U.S. credibility?' 'The whole predicate of your question is insane,' Pompeo responded. 'The word of the United States is much more respected today than it was just two and a half years ago,' the top U.S. diplomat added."

Glenn Kessler of the Washington Post makes fun of fact-checks Trump's Syria speech. Related stories linked yesterday. (Also linked yesterday afternoon.)

Dareh Gregorian & Hallie Jackson of NBC News: "... Donald Trump plans to direct federal agencies to cancel subscriptions to The New York Times and The Washington Post, outlets he regularly derides as 'fake news' for writing critical stories about him, the White House confirmed Thursday.... 'Not renewing subscriptions across all federal agencies will be a significant cost saving for taxpayers - hundreds of thousands of dollars,' White House press secretary Stephanie Grisham said in a statement.... Washington Post reporters noted on Twitter that their paper offers free digital subscriptions to anyone with a valid .gov or .mil email address." Mrs. McC: Certainly there are federal employees who are required to read these papers, and many, many others who need to read the major papers to do their jobs well.

Eriq Gardner of the Hollywood Reporter: "For the first time, season-five Apprentice contestant Summer Zervos has laid out some of her evidence supporting claims that Donald Trump attacked her in a hotel room in 2007.... Trump couldn't prevent the lawsuit from moving forward. In response to the argument that the Supremacy Clause of the U.S. Constitution barred a sitting president from being sued in state court, the judge responded that 'no one is above the law.'... The evidence that Zervos says she has collected to 'corroborate' her account ... include emails to Trump's secretary Rhona Graff to set up a meeting with him and responses from her. There are also calendar entries for Trump and his bodyguard showing how they flew from Las Vegas to Los Angeles in December 2007 and stayed at the Beverly Hills Hotel. Many of these documents are from Trump Organization files. Zervos' attorney Mariann Wang writes calendar entries and itineraries 'line up with Ms. Zervos's detailed public account with striking accuracy.' Further documents are said to also corroborate Zervos' account 'with even more granularity.'... 'I never met her at a hotel,' responded Trump, who added that allegations from his accusers were '100 percent fabricated and made-up charges, pushed strongly by the media and the Clinton campaign.'" ~~~

~~~ Joshua Partlow of the Washington Post: "Excerpts of President Trump's private calendar from a dozen years ago made public on Thursday appear to show Trump was at a Beverly Hills hotel around the same time a former 'Apprentice' contestant alleges he assaulted her there. Email exchanges from 2007 also released Thursday show that the woman, Summer Zervos, had sought a lunch meeting with Trump in New York around the time she claims he kissed her inappropriately in that city.... Trump called Zervos and other women who have made accusations against him 'liars,' prompting Zervos to sue him for defamation."

Erica Green & Stacy Cowley of the New York Times: "A federal judge on Thursday fined Education Secretary Betsy DeVos for contempt of court, ruling that she had violated an order to stop collecting on loans owed by students from a now-defunct for-profit chain of colleges. Magistrate Judge Sallie Kim of the Federal District Court in San Francisco ordered the Education Department to pay a $100,000 fine. The money will go toward various remedies for students who are owed debt relief after President Barack Obama's Education Department found they were defrauded by the chain, Corinthian Colleges, which collapsed in 2014. The ruling is a victory for the more than 60,000 students who have been on a financial roller coaster since Corinthian imploded, after state and federal officials found that it lured students through deceptive recruitment practices and falsified job placement rates." Mrs. McC: Kim should have fined DeVos personally. Not that Betsy would have blinked at a little $100K fine. But you & I have to pay directly for her misdeeds. ~~~

~~~ Cristina Cabrera of TPM: "o;... a top Education Department official who oversaw federal student loans suddenly resigned on Thursday and proposed a sweeping plan to tackle student debt. The Wall Street Journal reported that A. Wayne Johnson, appointed by Education Secretary Betsy DeVos to serve as the the chief strategy and transformation officer of the department's Office of Federal Student Aid, has stepped down and will run for Sen. Johnny Isakson's (R-GA) seat. Slamming the student loan system as 'fundamentally broken,' Johnson proposed cancelling up to $50,000 in federal student loans for any borrower. Johnson's plan is particularly surprising given his former workplace's repeated efforts to gut student forgiveness programs under DeVos' leadership. He also served as CEO for several private student loan companies before he began working for the Trump administration. The former official told the Wall Street Journal that his proposal aims to eliminate the government's role in providing student loans and provide borrowers with a $50,000 voucher for tuition instead." (Also linked yesterday afternoon.)

Susan Davis of NPR: "The first lawmaker to trigger ... new [House] rules ... [that] prohibit lawmakers from having sexual relations with anyone who works in their congressional office or on any committees on which they serve ... is a woman, freshman Rep.Katie Hill, D-Calif., and a member of House Democratic leadership." The House Ethics Committee is investigating. Davis reports the background. (Also linked yesterday afternoon.)

Presidential/Congressional Races 2020

Phil Helsel & Amanda Golden of NBC News: "Democratic presidential candidate Tulsi Gabbard said Thursday that she will not run for re-election for her U.S. representative seat, saying she wants to focus on trying to secure her party's nomination to challenge ... Donald Trump. Gabbard, who represents Hawaii, made the announcement in a video and email to supporters."

Dan Merica of CNN: "Rep. Tim Ryan dropped out of the 2020 presidential race on Thursday, ending a campaign that failed to gain any traction in a large field of better-financed and better-known Democrats. In a video sent to his supporters, Ryan also announced that he will instead run for reelection to the House of Representatives."


** Michael Wines
of the New York Times: "After decades of treating elections as an afterthought, college students have begun voting in force. Their turnout in the 2018 midterms -- 40.3 percent of 10 million students tracked by Tufts University's Institute for Democracy & Higher Education -- was more than double the rate in the 2014 midterms, easily exceeding an already robust increase in national turnout. Energized by issues like climate change and the Trump presidency, students have suddenly emerged as a potentially crucial voting bloc in the 2020 general election. And almost as suddenly, Republican politicians around the country are throwing up roadblocks between students and voting booths. Not coincidentally, the barriers are rising fastest in political battlegrounds and places like Texas where one-party control is eroding. Students overwhelmingly lean Democratic, with three in four supportive of impeaching President Trump, according to an Axios/College Reaction poll released this month." (Also linked yesterday afternoon.)

Forgot this earlier. Theodore Schleifer of Vox: "Wednesday was open season on Mark Zuckerberg and Facebook -- this time in the halls of the US Congress. While the hearing was supposed to be about Facebook's push to create a new digital currency called Libra, about half of the back and forth centered on other topics, from its controversial political ads policy to Facebook's record on diversity to particular congresspeople's pet issues. Facebook is balancing multiple overlapping crises simultaneously, and each individual congressperson chose their own line of attack, giving the whole hearing a scattershot feeling that lacked a clear partisan or even thematic bent.... Sixty different politicians had five minutes each to grill Zuckerberg about whatever they wanted, and they jumped at the opportunity to try and test him at yet another politically delicate moment in his company' history. With some notable exceptions, Congress came across as prepared, serious, and thoughtful -- especially compared to prior outings, when technological illiteracy reigned supreme.... Almost all of the questions -- no matter the issue area -- centered on the overwhelming question of trust. One member suggested that Facebook had lied. Another said Facebook was often found at the 'scene of the crime.' The big idea: Why should anyone trust Facebook to responsibly do something new, particularly something related to its users' money, when it can't even execute on its existing projects?" (Also linked yesterday afternoon.)

News Lede

CNN is updating developments in California wildfires. "As of early Friday morning, there are nine active major fires burning across California, CalFire told CNN."

Wednesday
Oct232019

The Commentariat -- October 24, 2019

Afternoon Update:

IOKIYAR. Ken Meyer of Mediaite: In 2016, when Secretary of State & Sycophancy Mike Pompeo was a member of Congress, he "defended the House Select Committee on Benghazi for the closed-door interviews they conducted while investigating the attack.... 'We felt like these closed door interviews were a much more effective way to get the facts for the American people.'... [Trey] Gowdy [R], the former South Carolina representative and chairman of the Benghazi committee, similarly defended private hearings in 2015 by saying they 'always produce better results.' 'I can just tell you that of the 50-some odd interviews we have done thus far, the vast majority of them have been private,' the former congressman said in an interview with Chuck Todd. 'And you don't see the bickering among the members of Congress in private interviews.'"

Rudy Incriminates Donald. Jerry Lambe of Law & Crime: "After months of insisting he was working at the behest of the State Department, Rudy Giuliani on Wednesday evening unequivocally stated that his work in Ukraine was performed in his capacity as ... Donald Trump's private attorney, an admission legal commentators say may have serious repercussions for both Giuliani and the White House. 'With all the Fake News let me make it clear that everything I did was to discover evidence to defend my client against false charges...,' Giuliani tweeted.... [Marty Lederman, a constitutional scholar, wrote, 'This merely confirms what was so outrageous: ... [Giuliani's] duty of loyalty was 100% to his (personal capacity) client. And yet Trump told Ukraine it had to dance to Rudy's tune -- a tune designed to advance Trump's personal interests -- in order to remain in the U.S.'s good graces (e.g., to secure access, aid, etc.).... This is the highest of high crimes -- using the leverage of his position as chief diplomat to advance his own interests -- and it's hard to imagine anything more inconsistent w/Trump's constitutional oath & duty and more revealing of his utter unfitness for office. And that'd be true *even if there were no quid pro quo* (but of course there was, which makes it all the worse).'" ~~~

~~~ Erica Orden, et al., of CNN: "Rudy Giuliani has been approaching defense attorneys for possible representation, according to three sources familiar with the matter. The move by Giuliani, who is President Donald Trump's personal attorney, is notable because last week he said he would not be seeking a new lawyer unless he felt one was needed. His previous lawyer, John Sale, was helping him deal with congressional inquiries." Mrs. McC: It would have been a good idea if Rudy had found an attorney in time for said attorney to tell him to STFU. But, as far as the nation is concerned, it's nice of him to admit his job was helping Trump commit an impeachable offense.

Anna Momigliano of the New York Times: "Prime Minister Giuseppe Conte of Italy said his country's intelligence services had informed the American attorney general, William P. Barr, that they played no role in the events leading to the Russia investigation, taking the air out of an unsubstantiated theory promoted by President Trump and his allies in recent weeks. 'Our intelligence is completely unrelated to the so-called Russiagate...,' Mr. Conte said in a news conference in Rome on Wednesday evening after spending hours describing Italy's discussions with Mr. Barr to the parliamentary committee on intelligence.... Mr. Trump and his associates have asserted, without evidence, that [Joseph] Mifsud [-- who told George Papadopoulos that Russia had thousands of e-mails that contained damaging info about Hillary Clinton --] is not a professor with links to Russia, as the special counsel's report states, but a Western intelligence asset working as part of an Obama administration plot to spy on the Trump campaign. That theory, once relegated to the far-right margins, has become a frequent talking point of Mr. Trump's as he seeks to undermine the special counsel's report. Mr. Barr at least twice visited Rome to investigate the allegations, on Aug. 15 and Sept. 27."

Andrew Kirell of the Daily Beast: "White House Press Secretary Stephanie Grisham on Thursday doubled down on her boss' 'human scum' attack on so-called 'Never Trump' Republicans and seemingly expanded it to include anyone who has worked against the president's agenda.... 'The people who are against him, and who have been against him, and have been working against him since the day they took office are just that.'" Mrs. McC: As New York's Intelligencer pointed out, at least Trump (and now Grisham) are conceding the Never-Trumpers are human.

Inae Oh of Mother Jones: "Today, the Wall Street Journal editorial board has chimed in with a bizarre, new argument for why Trump should not be impeached: he's simply too inept. No, seriously. 'Intriguingly, Mr. Taylor says in his statement that many people in the Administration opposed the Giuliani effort, including some in senior positions at the White House. This matters because it may turn out that while Mr. Trump wanted a quid-pro-quo policy ultimatum toward Ukraine, he was too inept to execute it. Impeachment for incompetence would disqualify most of the government, and most Presidents at some point or another in office. The editorial is here.

Brad Reed of the Raw Story: Wherein CNN's Poppy Harlow busts Rep. Jodey Arrington (R-Texas) "for blatantly misstating the facts about the whistleblower who filed a complaint against ... Donald Trump."

Glenn Kessler of the Washington Post makes fun of fact-checks Trump's Syria speech. Related stories linked below.

Cristina Cabrera of TPM: "... a top Education Department official who oversaw federal student loans suddenly resigned on Thursday and proposed a sweeping plan to tackle student debt. The Wall Street Journal reported that A. Wayne Johnson, appointed by Education Secretary Betsy DeVos to serve as the the chief strategy and transformation officer of the department's Office of Federal Student Aid, has stepped down and will run for Sen. Johnny Isakson's (R-GA) seat. Slamming the student loan system as 'fundamentally broken,' Johnson proposed cancelling up to $50,000 in federal student loans for any borrower. Johnson's plan is particularly surprising given his former workplace;s repeated efforts to gut student forgiveness programs under DeVos' leadership. He also served as CEO for several private student loan companies before he began working for the Trump administration. The former official told the Wall Street Journal that his proposal aims to eliminate the government's role in providing student loans and provide borrowers with a $50,000 voucher for tuition instead."

** Michael Wines of the New York Times: "After decades of treating elections as an afterthought, college students have begun voting in force. Their turnout in the 2018 midterms -- 40.3 percent of 10 million students tracked by Tufts University's Institute for Democracy & Higher Education -- was more than double the rate in the 2014 midterms, easily exceeding an already robust increase in national turnout. Energized by issues like climate change and the Trump presidency, students have suddenly emerged as a potentially crucial voting bloc in the 2020 general election. And almost as suddenly, Republican politicians around the country are throwing up roadblocks between students and voting booths. Not coincidentally, the barriers are rising fastest in political battlegrounds and places like Texas where one-party control is eroding. Students overwhelmingly lean Democratic, with three in four supportive of impeaching President Trump, according to an Axios/College Reaction poll released this month."

Susan Davis of NPR: "The first lawmaker to trigger ... new [House] rules ... [that] prohibit lawmakers from having sexual relations with anyone who works in their congressional office or on any committees on which they serve ... is a woman, freshman Rep. Katie Hill, D-Calif., and a member of House Democratic leadership." The House Ethics Committee is investigating. Davis reports the background.

Forgot this earlier. Theodore Schleifer of Vox: "Wednesday was open season on Mark Zuckerberg and Facebook -- this time in the halls of the US Congress. While the hearing was supposed to be about Facebook's push to create a new digital currency called Libra, about half of the back and forth centered on other topics, from its controversial political ads policy to Facebook's record on diversity to particular congresspeople's pet issues. Facebook is balancing multiple overlapping crises simultaneously, and each individual congressperson chose their own line of attack, giving the whole hearing a scattershot feeling that lacked a clear partisan or even thematic bent.... Sixty different politicians had five minutes each to grill Zuckerberg about whatever they wanted, and they jumped at the opportunity to try and test him at yet another politically delicate moment in his company's history. With some notable exceptions, Congress came across as prepared, serious, and thoughtful -- especially compared to prior outings, when technological illiteracy reigned supreme.... Almost all of the questions -- no matter the issue area -- centered on the overwhelming question of trust. One member suggested that Facebook had lied. Another said Facebook was often found at the 'scene of the crime.' The big idea: Why should anyone trust Facebook to responsibly do something new, particularly something related to its users' money, when it can't even execute on its existing projects?"

~~~~~~~~~~

Republicans Behaving Badly

Rebels Without a Clue. Or, in one case, a suitcoat. Getty image, taken outside the SCIF.

~~~ Toluse Olorunnipa, et al., of the Washington Post: "Republicans' defense of President Trump grew more frantic and disjointed Wednesday, with House members storming a closed-door meeting, delaying the testimony of an impeachment witness as the GOP grappled with a growing abuse-of-power scandal centered on the president. A group of Trump's congressional allies escalated their complaints about the impeachment inquiry by barging into a secure facility on Capitol Hill where a Pentagon official was to testify before the House Intelligence Committee.... Before entering the closed-door hearing, Republican lawmakers held a news conference to decry how [Adam] Schiff, the California Democrat who runs the Intelligence Committee, was carrying out the panel's portion of the impeachment inquiry.... But none of the 13 Republicans who spoke defended Trump on the central allegation that he had pushed Ukraine to investigate Democrats while blocking military aid that had been approved for Kyiv. Damning testimony from William B. Taylor Jr., the acting U.S. ambassador to Ukraine, has rocked the White House's impeachment defense, making it more difficult for Republicans to claim that Trump did nothing wrong." Emphasis added. ~~~

~~~ Li Zhou & Elia Nilsen of Vox: "Roughly 30 Republicans reportedly rushed past police officers and occupied the room for hours, even ordering pizza at one point -- all to delay witness testimony from Pentagon official Laura Cooper.... According to a Bloomberg report, Trump was aware of House Republicans' Wednesday plans to storm the SCIF, discussing the matter with lawmakers during a Tuesday meeting they had about the impeachment inquiry.... Those process complaints are useful distractions from the growing allegations against Trump, and for Republicans who don't want to engage with the facts the inquiry is uncovering. At least one high-ranking Republican senator, John Thune of South Dakota, acknowledged those facts...[:] 'The picture coming out of [officials' testimony] based on the reporting we've seen is, yeah, I would say it's not a good one,' Thune told reporters. 'But I would say also, until we have a process that allows for everybody to see this with full transparency, it's pretty hard to come to hard and fast conclusions.'" ~~~

~~~ Olivia Beavers & Mike Lillis of the Hill: "The five-hour protest came to an end just after 3 p.m., shortly after the House Sergeant at Arms, Paul Irving, was seen going alone into the secure room. It doesn't appear that Republicans won any concessions, however...." ~~~

~~~ New York Times liveblog: "President Trump took to Twitter again to denigrate the impeachment inquiry as a Defense Department official headed to Capitol Hill to testify on the Ukraine affair.... House Republicans ... attempted to storm the secure room, delaying proceedings, where impeachment investigators were questioning a witness.... About two dozen House Republicans, chanting 'Let us in! Let us in!' tried to storm the secure room where a Defense Department official arrived Wednesday morning to testify in the impeachment inquiry.... The lawmakers -- most of whom do not sit on the committees conducting the inquiry and are therefore not entitled to attend its hearings -- said they were protesting the closed-door nature of the proceedings.... The chaotic scene in the bowels of the Capitol unfolded as the panel was getting ready to hear from Laura B. Cooper, the deputy assistant secretary of defense for Russia, Ukraine and Eurasia, and halted the session. [Adam] Schiff summoned the Sergeant-at-arms to disperse the uninvited Republican guests, some of whom brought cellphones, which are forbidden in the secure suite.... It is common practice for sensitive congressional investigations to be conducted behind closed doors, at least in their preliminary stages. House Republicans did just that when they controlled the chamber and opened an inquiry into the 2012 attack on the United States embassy in Benghazi, Libya. Democrats have said they plan to hold open hearings after the committees finish deposing witnesses...." Politico's story is here. (Also linked yesterday afternoon.) ~~~

~~~ Zachary Basu of Axios: "Republicans reportedly took pictures inside the House Intelligence Committee's Sensitive Compartmented Information Facility (SCIF) -- forcing police to conduct a sweep for possible security breaches. Rep. Matt Gaetz (R-Fla.) tweeted from inside the SCIF: 'BREAKING: I led over 30 of my colleagues into the SCIF where Adam Schiff is holding secret impeachment depositions. Still inside - more details to come.' Gaetz later added: '**Tweet from Staff**'.... Worth noting: The group alleges that they are being shut out of the impeachment process, but there are Republicans on the three panels conducting the investigation -- the House Intelligence, Oversight and Foreign Affairs Committees -- that are present and able to ask questions at every hearing." Mrs. McC: The NYT liveblog, linked above, now has a photo of someone -- it looks like Gaetz's backside -- walking into the SCIF while holding up his phone, as if he's recording. So that "Tweet from Staff" disclaimer is pretty unconvincing. (Also linked yesterday afternoon.) ~~~

~~~ How Fake Was Their "Protest"? Ursula Perano of Axios: "13 of the 41 Republican lawmakers who stormed a closed-door hearing Wednesday ... sit on committees with the power to question witnesses and review documents." ~~~

~~~ Ed Kilgore of New York: "Here's the real howler, though: the idea that in demanding an end to the closed hearings Republicans are striking a blow for openness and transparency.... The president these birds are defending has stonewalled every single congressional inquiry into his conduct.... If you actually want 'open government,' [as the fake protesters claim,] you might want to start by asking the obsessive leak-freak and stonewaller in the White House to set a better example."

The Ukraine Cover-up Is a Spectacular Failure. Wednesday's Entries:

     ** (1) Erica Werner of the Washington Post: "The Trump administration has sought repeatedly to cut foreign aid programs tasked with combating corruption in Ukraine and elsewhere overseas, White House budget documents show, despite recent claims from President Trump and his administration that they have been singularly concerned with fighting corruption in Ukraine. Those claims have come as the president and his administration sought to explain away a July phone call between Trump and Ukrainian President Volodymyr Zelensky, during which Trump pressured his counterpart to open investigations into Joe Biden and his son Hunter, and into a debunke conspiracy theory involving a hacked Democratic National Committee computer server. 'I don't care about politics, but I do care about corruption. And this whole thing is about corruption,' Trump told reporters earlier this month when discussing the Ukraine issue. 'This whole thing -- this whole thing is about corruption.'" The Raw Story has a summary of the WashPo report here. (Also linked yesterday afternoon.)

     (2) Andrew Kramer & Ken Vogel of the New York Times: "Following testimony by William B. Taylor Jr. ... to House impeachment investigators on Tuesday that the freezing of [military] aid [to Ukraine] was directly linked to Mr. Trump's demand for the investigations, the president took to Twitter on Wednesday morning to approvingly quote a Republican member of Congress saying neither Mr. Taylor nor any other witness had 'provided testimony that the Ukrainians were aware that military aid was being withheld.'... [Trump's argument is that there] could not have been any quid pro quo because the Ukrainians did not know the assistance had been blocked.... But in fact, word of the aid freeze had gotten to high-level Ukrainian officials by the first week in August, according to interviews and documents obtained by The New York Times.... They were advised they should reach out to Mick Mulvaney..., according to the interviews and records.... The Ukrainian government was aware of the freeze during most of the period ... when .. Rudolph W. Giuliani and two American diplomats were pressing President Volodymyr Zelensky of Ukraine to make a public commitment to the investigations being sought by Mr. Trump.... Mr. Taylor told the impeachment investigators that it was only on the sidelines of a Sept. 1 meeting in Warsaw between Mr. Zelensky and Vice President Mike Pence that the Ukrainians were directly told the aid would be dependent on Mr. Zelensky giving Mr. Trump ... an investigation into Burisma, the company that had employed Hunter Biden, former Vice President Joseph R. Biden Jr.'s son." But they knew what was expected of them weeks earlier. This timeline not only contradicts Trump's claims, it corroborates the whistleblower's timeline. A Raw Story summary report is here. (Also linked yesterday afternoon.) ~~~

     ** (3) Desmond Butler & Michael Biesecker of the AP: "More than two months before the phone call that launched the impeachment inquiry into ... Donald Trump, Ukraine's newly elected leader was already worried about pressure from the U.S. president to investigate his Democratic rival Joe Biden. Volodymyr Zelenskiy gathered a small group of advisers on May 7 in Kyiv for a meeting that was supposed to be about his nation's energy needs. Instead, the group spent most of the three-hour discussion talking about how to navigate the insistence from Trump and his personal lawyer, Rudy Giuliani, for a probe and how to avoid becoming entangled in the American elections, according to three people familiar with the details of the meeting. The meeting came before Zelenskiy was inaugurated but about two weeks after Trump called to offer his congratulations on the night of the Ukrainian leader's April 21 election. The full details of what the two leaders discussed in that Easter Sunday phone call have never been publicly disclosed, and it is not clear whether Trump explicitly asked for an investigation of the Bidens.... The White House has offered only a bare-bones public readout on the April call, saying Trump urged Zelenskiy and the Ukrainian people to implement reforms, increase prosperity and 'root out corruption.' In the intervening months, Trump and his proxies have frequently used the word 'corruption' to reference the monthslong efforts to get the Ukrainians to investigate Democrats." Emphasis added. (Also linked yesterday afternoon.) ~~~

     ~~~ Mrs. McCrabbie: Zelensky found out somehow that Trump wanted him to investigate Biden way back in May. We surely need to find out what-all Trump said in his April 21 "congratulatory" call to Zelensky. ~~~

~~~ "GOP Weariness Grows as Trump Defenses Give Way." Rick Klein & Maryalice Parks of ABC News: "The deeper things get and the more likely impeachment is, the more ... Donald Trump needs his Republican Party to stay loyal.... But ... he may be losing ... the ability to convince GOP leaders that loyalty is worth its increasingly evident risks.... Trump is responding with complaints about the process that are awkward for Republicans to defend -- his 'lynching' Tweet is Exhibit A -- and thinly veiled political threats at GOP leaders who dare defy him." (Also linked yesterday afternoon.)

Yay! Matt Whitaker Is Back. And He's Just as Smart as Ever. Justin Baragona of the Daily Beast: "Following Tuesday's devastating House testimony by acting U.S. Ambassador to Ukraine Bill Taylor..., former acting U.S. Attorney General Matthew Whitaker defended the president by claiming 'abuse of power is not a crime.'" (Also linked yesterday afternoon.) ~~~

~~~ Jonathan Chait: "As the factual defense of Trump's behavior in the Ukraine scandal has disintegrated, Trump has slowly fallen back to the case he truly believes in his heart. Sessions was too naïve, and Barr too sophisticated, to present Trump's worldview in such bald terms. It fell to Whitaker to articulate the ethos of the 45th president -- that he is entitled to abuse power as he sees fit." (Also linked yesterday afternoon.)

Julia Arciga of the Daily Beast: "President Trump on Wednesday blasted Republicans who won't pledge fealty to him in the impeachment fight, claiming such people are 'human scum.' 'The Never Trumper Republicans, though on respirators with not many left, are in certain ways worse and more dangerous for our Country than the Do Nothing Democrats,' Trump wrote in a tweet, which he subsequently pinned to his profile. 'Watch out for them, they are human scum!' The president called Bill Taylor, his own acting ambassador to Ukraine, a 'Never Trumper' along with Taylor's lawyer." According to the WashPo report by Toluse Olorunnipa & others, linked above, Trump "later apparently deleted the tweet." ~~~

~~~ Mrs. McCrabbie: It's worth noting that besides implying that Ambassador Taylor was "human scum," Trump also took a swipe at his awkwardly loyal Secretary of State Mike Pompeo. From the Olorunnipa report: "On Wednesday..., Trump turned his fire on [Ambassador] Taylor.... He also acknowledged, however, that his own administration had chosen Taylor for the Ukraine posting. 'It would be really great if the people within the Trump Administration, all well-meaning and good (I hope!), could stop hiring Never Trumpers who are worse than the Do Nothing Democrats,' Trump wrote on Twitter. 'Nothing good will ever come from them!' Few Republicans have echoed Trump's personal attacks on Taylor, a Vietnam veteran who served in the government under Republican and Democratic presidents and was originally appointed ambassador to Ukraine by President George W. Bush. Taylor said in his testimony that Secretary of State Mike Pompeo, one of Trump's closest advisers, had personally asked him to take the acting position this year."

Spencer Ackerman & Erin Banco of the Daily Beast: "Whatever hope Secretary of State Mike Pompeo had of staying in the background of the House Democratic impeachment inquiry evaporated under the heat of Amb. William Taylor's damning deposition. House Democrats are now redoubling their efforts at pulling Pompeo deeper into an impeachment inquiry the secretary has met with defiance. Taylor ... told legislators on Tuesday that Pompeo loomed large in what Taylor described as an 'irregular' effort to make assistance to Ukraine contingent on the young Volodomyr Zelensky government's willingness to investigate Trump's domestic political rivals." ~~~

     ~~~ Eric Tucker of the AP: "A judge on Wednesday ordered the State Department to begin producing within 30 days documents related to the Trump administration's dealings with Ukraine, saying the records were of obvious public interest. The documents were sought under a Freedom of Information Act request by American Oversight, an ethics watchdog that investigates the administration. Any release of government documents could shed new light on ... Donald Trump' efforts to prod his Ukrainian counterpart to investigate Democratic rival Joe Biden, the matter at the heart of the Democrat-led House impeachment inquiry.... Among the records the group asked for are documents related to interactions between [Rudy] Giuliani and Ukraine, as well as documents about the recall of Ambassador Marie Yovanovitch.... Meanwhile, three committees leading the impeachment investigation are asking the State Department for documents they say are central to the probe's 'core area of investigation' after the department defied a subpoena to provide them." Mrs. McC: The article doesn't indicate whether or not the State Department will appeal the ruling.

If you read every word of all the stories I linked yesterday on Bill Taylor's testimony, you would have figured this out, but in case you had other things to do ~~~

     ~~~ Robert Mackey of the Intercept zeroes in on Trump's script for the Zelensky Show: "Before agreeing to release nearly $400 million in military assistance to Ukraine..., Donald Trump extorted a promise from ... Volodymyr Zelensky, to appear on American television and act out a script prepared for him by Trump's aides, the top American diplomat in Ukraine, Bill Taylor, told the House impeachment inquiry on Tuesday. The scene a desperate Zelensky finally agreed to perform would have been the very definition of fake news: a dramatic announcement by the Ukrainian president, during a CNN interview, that he was opening criminal investigations on Joe Biden's family and other Democrats. The plot, which would have duped American voters into believing that there was some substance to a debunked conspiracy theory about Biden's work in Ukraine as vice president, came very close to working. According to Taylor..., Zelensky and his aides had resisted pressure from Trump to help him smear Biden.... But once the Ukrainians became aware that the much-needed security assistance Trump had personally held up might never be delivered, Zelensky, who was an actor and comedian before entering politics this year, agreed to play his part in a ruse intended to lend credibility to baseless conspiracy theories about Biden and other Democrats."

The Old "I Do Not Recall" Dodge. Aaron Davis of the Washington Post: "Sworn testimony provided by [Gordon] Sondland... and [William] Taylor ... now diverges on key points. Most critically, Taylor's testimony challenges Sondland's claim that he did not know of an alleged quid pro quo involving nearly $400 million in security aid for Ukraine.... Responding to questions by email, Sondland's attorney Robert Luskin wrote to The Washington Post on Wednesday that his client 'does not recall' ... a [September 1] conversation [in which] ... Sondland warned [President] Zelensky aide Andrey Yermak that the security assistance 'would not come' unless Zelensky committed to pursuing the investigation into Burisma, [a conversation to which Taylor testified].... Some members of the House Intelligence Committee have begun calling for Sondland to return for additional questioning to reconcile the two diplomats' accounts. Rep. Will Hurd (R-Tex.) said Taylor's testimony raises 'a lot of questions.' In an interview on CNN, he said 'for sure ... [Sondland] needs to come back and answer some of these questions.'" The Politico story is here.

Another Ukraine Sideshow? Julian Barnes, et al., of the New York Times: Colleagues of Kashyap Patel, a Devin Nunes protégé whom Trump placed on the National Security Council in February 2019, fear Patel had created a backchannel to Trump on Ukraine matters. "Colleagues grew alarmed after hearing that Mr. Trump had referred to Mr. Patel as one of his top Ukraine policy specialists.... House impeachment investigators are scrutinizing Mr. Patel's actions as well.... Fiona Hill, the National Security Council's former senior director for Eurasian and Russian affairs, testified to House investigators last week that she believed Mr. Patel was improperly becoming involved in Ukraine policy and was sending information to Mr. Trump, some of the people said. Ms. Hill grew alarmed earlier this year when an aide from the White House executive secretary's office told her that Mr. Trump wanted to talk to Mr. Patel and identified him as the National Security Council's 'Ukraine director,' a position held by one of Ms. Hill's deputies. The aide said Mr. Trump wanted to meet with Mr. Patel about documents he had received on Ukraine." ~~~

~~~ Natasha Bertrand has the Politico story: Kashyap Patel, "a protégé of Republican Rep. Devin Nunes, was among those passing negative information about Ukraine to ... Donald Trump earlier this year, fueling the president's belief that Ukraine was brimming with corruption and interfered in the 2016 election on behalf of Democrats.... [Patel's] 'unique access' to the West Wing, and the ease with which he has been able to interact directly with the president without NSC leadership's involvement, has also struck some as unusual, [a] former official said.... Patel's involvement demonstrates that the president had at least some support for the [Ukraine] scheme from within the NSC, and has given House impeachment investigators yet another name to add to their witness list -- a name they are already familiar with, given Patel's previous work in Congress to discredit the Russia investigation."

Lev & Igor Plead Not Guilty, Tie Their Fate to Trump. Nicole Hong & William Rashbaum of the New York Times: "One of the two indicted associates of President Trump's personal lawyer, Rudolph W. Giuliani, on Wednesday tied the case to the president himself, saying that some of the evidence gathered in the campaign-finance investigation could be subject to executive privilege. The unusual argument was raised by a defense lawyer in federal court in Manhattan as the two associates, Lev Parnas and Igor Fruman, pleaded not guilty to federal charges that they had made illegal campaign contributions to political candidates in the United States in exchange for potential influence." ~~~

~~~ Lawyer for Donald & Lev Claims Executive Privilege. Pervaiz Shallwani & Pilar Melendez of the Daily Beast: "During the hearing, Parnas' attorney, Edward MacMahon, told the judge that his client was told to invoke executive privilege in a letter that was submitted on Parnas' behalf by John Dowd, a former lawyer for the president, to a congressional committee conducting the impeachment inquiry. Asked by Judge Paul Oetken if Parnas has worked for the president, MacMahon said no, but that 'he worked for Mr. Giuliani.' MacMahon said that his concern stems from Parnas having used Giuliani as his lawyer for both personal and business dealings and that Giuliani also works for Trump." ~~~

~~~ As digby puts it, "These mobsters are being protected as part of Trump's legal team."

~~~ Mrs. McCrabbie: If you have a subscription to the Washington Post, it's worth at least skimming Philip Bump's (Oct. 21) attempt to work out the relationships among Rudy Giuliani and a whole buncha Trumpworld characters, most of them fairly shady.


Michael Crowley & Lara Jakes
of the New York Times: "President Trump announced on Wednesday that the United States has brokered a permanent cease-fire in northeast Syria, taking credit for a tentative deal that will be enforced by Turkey and Russia, and lifting sanctions he had imposed after Turkey invaded Kurdish-run areas south of its border. The president cast the announcement as a triumph of diplomacy. But even many leading Republicans have decried the American retreat from Syria -- which allowed the Turkish invasion into northeast Syria earlier this month -- as a foreign policy debacle. 'Let someone else fight over this long bloodstained sand,' Mr. Trump said from the Diplomatic Room at the White House, flanked by Vice President Mike Pence, Secretary of State Mike Pompeo and the White House national security adviser, Robert O'Brien.... Mr. Trump seemed to reject the idea of Russian influence. 'This was an outcome created by us, the United States, and nobody else,' he said. 'No other nation. Very simple.'" (Also linked yesterday.) ~~~

~~~ Felicia Sonmez of the Washington Post: Trump "took credit for the cease-fire and suggested the agreement would save tens of thousands of Kurdish lives in the region -- even though one day earlier, Russia and Turkey agreed to a plan to push Syrian Kurdish fighters from a wide swath of territory just south of Turkey's border, cementing Russian President Vladimir Putin's preeminent role in Syria as American troops depart and U.S. influence wanes.... Trump also said he had spoken by phone with Kurdish general Mazloum Abdi, who he said assured him that Islamic State fighters will remain in captivity.... Even as Trump declared success in Syria, U.S. policy appeared to be in disarray. Defense Secretary Mark T. Esper was in the Iraqi capital to discuss the redeployment of hundreds of U.S. troops after Iraq' military announced its opposition to allowing American forces to stay i the country." (Also linked yesterday afternoon.) ~~~

~~~ Deirdre Shesgreen & David Jackson of USA Today: "Lawmakers in both parties pilloried Trump's decision to lift sanctions. 'It's unthinkable that Turkey would not suffer consequences for malevolent behavior which was contrary to the interests of the United States and our friends,' Sen. Mitt Romney, a Utah Republican and member of the Senate Foreign Relations Committee, tweeted after Trump's announcement. Sen. Marco Rubio, a Florida Republican, [tweeted,] 'Erdogan has NOT agreed to stop all military operations in #Syria.'... The senator said Russia will 'remove Kurdish forces from east & west of current Turk controlled areas, including Kurdish cities' and take control of five oil fields in Syria. While critics ridiculed Trump's claim of a victory, the president said a U.S.-brokered cease-fire between Turkey and the Kurds had held 'beyond most expectations.'... In Syria, the situation on the ground remains in flux. Russia has moved to fill a power vacuum created by the U.S. departure, the Kurds fear an ethnic cleansing by Turkish forces, and an estimated 100 Islamic State fighters have escaped from Kurdish detention facilities. Turkey's assault, even while suspended, has spawned a humanitarian crisis in Syria. The United Nations estimated Tuesday that about 180,000 Syrians have been forced to leave their homes or shelters, including 80,000 children, all in desperate need of humanitarian assistance." ~~~

~~~ Views from the Alternate World of Trump. Grace Segers of CBS News: "Mr. Trump also said those who had criticized his decision to pull troops from northern Syria were now praising him. 'Today's announcement validates our course of action with Turkey that only a couple of weeks ago was scorned and now people are saying, "wow, what a great outcome, congratulations,'" Mr. Trump said. He also praised Erdogan, who has been criticized for his autocratic tendencies and said that he and Erdogan may be meeting soon.... Mr. Trump said Wednesday the Kurdish leader had informed him that prisons holding ISIS fighters were secured. However, the top envoy to Syria, James Jeffrey, testified before Congress on Wednesday that over 100 prisoners have escaped and the U.S. does not know where they are."

The Geography of the Alternate World of Trump. Savannah Behrmann of USA Today: "... Donald Trump said Wednesday that a wall is being built in Colorado. 'And we're building a wall on the border of New Mexico. And we're building a wall in Colorado. We're building a beautiful wall. A big one that really works -- that you can't get over, you can't get under," Trump said during a speech ... in Pittsburgh." ~~~

Erin Durkin & Darren Samuelsohn of Politico: "Even if ... Donald Trump shot someone in the middle of Fifth Avenue, New York authorities could not punish him while he is in office, the president's lawyers argued Wednesday. Attorneys for Trump made the claim while arguing before a federal appeals court in their suit against Manhattan District Attorney Cy Vance, who has subpoenaed Trump's tax returns.... The case is expected to ultimately make its way to the Supreme Court.... Carey Dunne, general counsel for the District Attorney, said the privilege the president's lawyers are claiming is not founded in the law. 'There's no such thing as presidential immunity for tax returns,' he said. 'He may view them as embarrassing or sensitive but tax returns do in fact get subpoenaed all the time in financial investigations,' he said. 'They're making this up, your honor.'" (Also linked yesterday afternoon.) ~~~

     ~~~ Mrs. McCrabbie: Rachel Maddow said that an important element of this case was that the trial judge, Victor Marrero, ruled that not only were Trump's immunity arguments "repugnant," but that the infamous DOJ "guidance memos" that determined a sitting president cannot be indicted are incorrect. So, IMO, the whole Mueller investigation was a big honking sham. The Mueller team should have ignored the DOJ "guidance" & indicted Trump, at least in the Michael Cohen payoffs matter (where Trump showed up as an unindicted co-conspirator). If Mueller was unsure about following the DOJ guidance, he should have gone to court & argued that the guidance was flawed & should have no effect. Instead, he chose to follow the guidance in order to protect Trump. Please don't tell me about Mueller's integrity and years of public service, blah blah. He's one of those guys who sit on various "select commission" & love to catch the minnows, but don't even bring bait for the sharks & whales.

Josh Gerstein of Politico: "The National Archives and Records Administration has launched an investigation into Commerce Secretary Wilbur Ross' use of private email for official business, according to a letter made public this week. The inquiry was triggered by an unflattering profile of Ross last month in the Washington Post, which cited government-related emails the watchdog group Democracy Forward received from Ross' private account. The group obtained the messages through a Freedom of Information Act lawsuit." Mrs. McC: Gee, I wonder if this means Trump will start calling Ross "Crooked Wilbur." Okay, no.

Former Presidents to Eulogize the Son of a Sharecropper. Rich McKay of Reuters: "Former U.S. presidents Barack Obama and Bill Clinton, along with former presidential candidate and Senator Hillary Clinton, are among a who's-who list of the Democratic Party slated to speak on Friday at the late Congressman Elijah Cummings' funeral.... Also slated to speak is former National Association for the Advancement of Colored People President Kweisi Mfume, whose Maryland seat Cummings took over when Mfume became the leader of the civil rights group. The seat, Maryland's 7th congressional district, was held by Cummings for more than two decades.... House Speaker Nancy Pelosi, Cumming's widow [Maya Rockeymoore-Cummings], brother and daughters will also speak."

Presidential Race 2020. Ursula Perano of Axios lists the nine Democrats who have qualified for the November presidential debate. "MSNBC's Rachel Maddow, NBC's Andrea Mitchell, the Washington Post's Ashley Parker, and NBC's Kristen Welker ... will be moderating the debate.

Way Beyond the Beltway

Spain. "Generalissimo Francisco Franco Is Still Dead!"* Laura Maestro & Aimie Lewis of CNN: "The remains of Spain's former dictator General Francisco Franco have been exhumed in a controversial move that has divided opinion in Spain for decades. The Spanish government announced this week that it was to move Franco's remains from the grand mausoleum where he was buried in 1975 to the nearby Mingorrubio state cemetery in El Pardo, 12 miles north of Madrid, where his wife is buried. Despite the government's refusal to authorize two demonstrations, about 200 Franco supporters were protesting at a police blockade near the Mingorrubio cemetery. People of all ages held Spanish flags and signs that read 'Franco, thank you!' and 'National Unity.' Franco's exhumation follows a year-long legal battle between the caretaker Socialist government of Prime Minister Pedro Sanchez and relatives of Franco."

     * Here's the explanation for the headline. Mrs. McC: Maybe I should apologize for making jokes at this painful moment for the Franco family. Nah.

News Lede

Guardian: "The 39 people found dead in a lorry trailer in Essex were Chinese nationals, police have confirmed. The victims, discovered in a refrigerated trailer in Grays on Wednesday, were eight women and 31 men, Essex police added. The reports came as Belgian authorities released details about the trailer's journey and UK police pressed ahead with a murder investigation."