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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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Constant Comments

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

Publisher & Editor: Marie Burns


Friday
Feb222019

The Commentariat -- February 23, 2019

Afternoon Update:

The Company Trump Keeps. Rachel Weiner of the Washington Post: "Former Trump campaign chairman Paul Manafort is a 'hardened' criminal who 'repeatedly and brazenly violated the law,' prosecutors told a Washington federal judge. But they recommended no specific punishment for those crimes, saying that is the practice of special counsel Robert S. Mueller III, whose office brought the case. Prosecutors noted that federal guidelines call for a sentence of 17 to 22 years, although under Manafort's guilty plea in his D.C. case, the maximum he faces behind bars is 10. The special counsel team said it may ask for Judge Amy Berman Jackson to impose a sentence that runs after any prison time Manafort is given for related crimes in Virginia federal court. 'Manafort chose repeatedly and knowingly to violate the law,' prosecutors said, from 'garden-variety crimes such as tax fraud, money laundering, obstruction of justice, and bank fraud' to 'more esoteric laws' involving foreign lobbying."

Brian Faler & Aaron Lorenzo of Politico: "The average tax refund issued so far this year is down by 17 percent, the IRS said, a steep decline that promises more headaches for Republican lawmakers. The agency released data late Friday showing refunds are down for the third consecutive week, with the typical payment made through Feb. 15 totaling $2,703, compared to $3,256 during the same period last year. This filing season is the first under Republicans' overhaul of the tax code, and lawmakers have already been under fire as some taxpayers find their expected refunds smaller or gone altogether. The payments are sacrosanct to many Americans who rely on them to fill holes in their budgets.... Democrats ... have accused Republicans of manipulating people's withholding in order to boost workers' paychecks last year, ahead of the midterm elections, though that would sap their refunds come tax time. The House Ways and Means committee is planning to hold a hearing soon on the issue."

John Bowden of the Hill: "The Pentagon announced Friday that it would direct an additional 1,000 troops to the U.S.-Mexico border to install barbed wire along existing border fences. Defense officials said at a news briefing that the total size of the U.S. deployment of troops to the southern border would reach 6,000 by March 1, with 140 miles of additional concertina wire to be installed.... The news came as Pentagon officials on Friday also refused to say whether the Defense Department would seek congressional approval to appropriate billions of dollars for President Trump's project to construct a wall along the border. 'It has been the practice of the Department of Defense to request approval and it's not required by law,' an official told reporters when asked whether the department would move forward without congressional approval."

Melanie Zanona of Politico: "House Democrats are laying the groundwork to subpoena the Trump administration for a trove of documents relating to its controversial migrant family separation policy at the border.... The House Oversight Committee will vote next Tuesday to authorize three subpoenas for the departments of Homeland Security, Justice, and Health and Human Services, teeing up the first subpoena of the panel's new Democratic majority."

Robert Pear of the New York Times: "Even before Democrats finish drafting bills to create a single-payer health care system, the health care and insurance industries have assembled a small army of lobbyists to kill 'Medicare for all,' an idea that is mocked publicly but is being greeted privately with increasing seriousness. ctors, hospitals, drug companies and insurers are intent on strangling Medicare for all before it advances from an aspirational slogan to a legislative agenda item. They have hired a top lieutenant in Hillary Clinton's 2016 presidential campaign [-- Lauren Crawford Shaver --] to spearhead the effort. And their tactics will show Democrats what they are up against as the party drifts to the left on health care." ...

     ... Mrs. McCrabbie: Shaver's campaign job, according to Pear, was "to put marginal states into play." How'd that work out?

John Bowden of the Hill: "A judge in North Carolina on Friday tossed out the state's constitutional amendment requiring a voter ID, citing prevalent gerrymandering in the state's General Assembly. Wake County Superior Court Judge G. Bryan Collins wrote in a ruling late Friday afternoon that the North Carolina General Assembly is so gerrymandered that its members do not truly represent the state's residents and thus should never have proposed a voter ID amendment in the first place. 'An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state's constitution,' Collins wrote. Collins also tossed out a second Republican-backed amendment implementing a cap on the state's income tax." ...

... Alan Blinder & Michael Wines of the New York Times: "Republican politicians across the country have for years railed against the threat of voter fraud. Some have made unproven claims about how rampant it has become in order to pass voter ID laws and open sweeping investigations. The sanctity of the vote, they have said, must be protected at all costs. But when a hard-fought congressional election in North Carolina -- in which a Republican candidate appeared to narrowly beat his Democratic opponent -- was overturned this week because of election fraud by a Republican political operative, the party was measured, and largely muted, in its response."

*****

The Trump Scandals, Ctd.

Tucker Higgins of CNBC: "Special counsel Robert Mueller will not deliver a report to the attorney general next week, as was previously reported by multiple outlets, a senior Department of Justice official told NBC News on Friday."

Ben Protess, et al., of the New York Times: "Michael D. Cohen, President Trump's former lawyer and fixer, met last month with federal prosecutors in Manhattan, offering information about possible irregularities within the president's family business and about a donor to the inaugural committee, according to people familiar with the matter. Mr. Cohen, who worked at the Trump Organization for a decade, spoke with the prosecutors about insurance claims the company had filed over the years, said the people, who did not elaborate on the nature of the possible irregularities.... The meeting suggests that they are interested in broader aspects of the Trump Organization, beyond their investigation into the company's role in the hush money payments made before the 2016 election to women claiming to have had affairs with Mr. Trump.... The prosecutors also questioned Mr. Cohen about ... Imaad Zuberi, a California venture capitalist and political fund-raiser.... Around the time that Mr. Zuberi contributed $900,000 to the [presidential inaugural] committee, he also tried to hire Mr. Cohen as a consultant and wrote him a substantial check, one of the people said."

Trump Is Still Incriminating Himself. Tal Axelrod the the Hill: "President Trump slammed special counsel Robert Mueller's Russia probe as a 'witch hunt' in a new tweet on Friday, calling for it to end amid reports that it is coming to a close. 'Highly respected Senator Richard Burr<, head of Senate Intelligence, said, after interviewing over 200 witnesses and studying over 2 million pages of documents, "WE HAVE FOUND NO COLLUSION BETWEEN THE TRUMP CAMPAIGN AND RUSSIA." The Witch Hunt, so bad for our Country, must end!' Trump tweeted." (Also linked yesterday.)

Maybe the Dog Ate Bob Mueller's Homework. Katelyn Polantz of CNN: "The public will have to wait a little longer to read Paul Manafort's sentencing memo from special counsel Robert Mueller. The critical filing had a midnight Friday deadline set by the federal court, but the report was not publicly released. It is possible prosecutors have sent the document to Judge Amy Berman Jackson under seal with proposed redactions. It is up to Jackson t determine what happens next."

William Rashbaum of the New York Times: "The Manhattan district attorney's office is preparing state criminal charges against Paul J. Manafort, President Trump's former campaign chairman, in an effort to ensure he will still face prison time even if the president pardons him for his federal crimes, according to several people with knowledge of the matter. Mr. Manafort is scheduled to be sentenced next month for convictions in two federal cases brought by Special Counsel Robert S. Mueller III. He faces up to 25 years in prison for tax and bank fraud and additional time for conspiracy counts in a related case. It could effectively be a life sentence for Mr. Manafort, who turns 70 in April. The president has broad power to issue pardons for federal crimes, but no such authority in state cases. And while there has been no clear indication that Mr. Trump intends to pardon Mr. Manafort, the president has spoken repeatedly of his pardon power and defended his former campaign chairman on a number of occasions, calling him a 'brave man.'" (Also linked yesterday.) ...

... Matt Naham of Law & Crime: "The likelihood that former Trump campaign chairman and convicted felon Paul Manafort, 69, will spend the rest of his days in prison increased on Friday.... Any possible reliance that Manafort may have had on Trump's pardon power lost relevance as Manhattan District Attorney Cyrus Vance Jr. reportedly has a criminal case at the ready."

Walker Davis of CREW: "New tax documents obtained by CREW shed light on the finances of a dark money group tied to longtime Trump associate Roger Stone.... The group itself is reportedly facing scrutiny in the Mueller probe, but the tax documents have not been made public until now. After missing their filing deadline by more than eight months, the 2016 tax returns for the 501(c)(4) social welfare organization, called Committee for American Sovereignty Education Fund (CASEF), were filed with the IRS in July 2018, before quickly being amended weeks later. The submission of the filings may have coincided with scrutiny of the group by Special Counsel Mueller's investigators, and may suggest activity by Mueller's team behind the scenes." (Also linked yesterday.)


** Eric Levitz
of New York: "The president has been using his bully pulpit to tell the American people that illegal immigrants threaten their lives today, and are on the cusp of irrevocably destroying their culture tomorrow; that Democrats are hell-bent on increasing illegal immigration; that it may not be possible to defeat Democrats at the ballot box because they are ready and willing to rig elections (and the media is eager to cover it up); and that those tasked with impartially enforcing the rule of law cannot be trusted.... Every once in a while..., some psychopath will offer a reminder of just how dangerous the bile pouring out of our president's gaffe-hole is.... Just this week, federal prosecutors revealed that Christopher Hasson, a Coast Guard officer in Maryland, allegedly stockpiled weapons, while developing a plot to assassinate a long list of Democratic politicians, CNN anchors, and MSNBC hosts, as part of a grand plan to transform the U.S. into a white ethno-state. The suspect's recent Google searches reportedly included 'civil war if trump impeached' and 'what if trump illegally impeached.'... Regardless of whether the Coast Guard officer took inspiration from Trump, he believed in malicious fictions similar to those our president spreads -- and saw those fictions as rationalizations for violence." ...

... Mrs. McCrabbie: Yes But. After warning of the existential threats posed by Honduran toddlers, Trump did say, when a reporter asked, that an alleged white-nationalist would-be mass-murderer of politicians & journalists -- many of whom Trump knows personally -- was "sad" and "a shame." ...

... Justin Baragona of the Daily Beast: "Speaking to reporters from the White House Friday, the president said that he hadn't yet been briefed on the accused mass-murder plotter, who reportedly kept a 'hit list' of left-leaning journalists and Democratic politicians. When asked for his thoughts, the president called it a 'shame' and 'very sad,' adding that he does not bear any responsibility to monitor his own rhetoric because his 'language is very nice.' Friday afternoon on MSNBC's Deadline White House, host Nicolle Wallace noted that some of the words Trump has used to attack Democrats and the media showed up in Hasson's Google searches. [Gene] Robinson responded that this wasn't the first time a 'would-be domestic terrorist' has taken cues from the president." ...

... Mrs. McCrabbie: As far as I can tell, Trump is a white nationalist, but he thinks it's "sad" and "a shame" when a fellow white supremacist either (a) resorts to mass murder, or (b) gets caught planning to commit mass murder. Let's hope the answer is (a). But we should know by now that Trump is not going to voluntarily criticize white nationalists, some of whom "are good people." Also too, is it true that Trump was not briefed on this terrorist plot last week as officials were preparing to arrest the perp? Did Trump refuse a briefing or is the DOJ suddenly either incredibly lax or loath to brief a President* who might allert the suspect? Curious. ...

... Nicolle Wallace & her guests do quite a good job of covering Trump's forced response to Hasson's alleged plot:

<Liar-in-Chief, Ctd. Matthew Choi of Politico: "... Donald Trump on Friday declined to condemn the strong evidence of mass election fraud in North Carolina's 9th Congressional District, instead pointing to other questionable examples of voter fraud.... 'I condemn any voter fraud of any kind, whether it's Democrat or Republican,' Trump told reporters in the Oval Office. 'But when you look at some of the things that happened in California in particular, when you look at what has happened in Texas with all of those votes that they recently found that were not exactly properly done. I condemn all of it.' During Trump's response Friday, a reporter interrupted to point out that the California and Texas voter fraud cases have been proved false or misleading. But Trump pushed through, saying 'Excuse me, excuse me,' and continuing to shift focus on the questionable allegations in California and Texas."

David Fahrentholdof the Washington Post: "On Election Day 2016, six residential buildings called 'Trump Place' stood in a row on Manhattan's Upper West Side -- a legacy of Donald Trump's efforts to develop that site, and a sign of the Trump name's enduring value in New York. Soon, Trump's name will be gone from all of them. On Friday, the last building holding on to the name 'Trump Place' announced that it would take down the president's name, according to an email obtained by The Washington Post.... Just one day earlier, the condo board at the second-to-last Trump Place building -- at 120 Riverside -- had announced its own decision to remove the president's name...." (Also linked yesterday.) ...

     ... digby seems all broken up by this news: "Trump destroyed his 'brand' in order to stroke his own ego and run for president. If he'd have kept quiet he might have been able to kee parlaying his tabloid celebrity into a real inheritance for his heirs. But that's over. This is going to come crashing down on all of them regardless of how the presidency ends. His brand is toxic. I suppose they'll be able to sell some MAGA hats at flea markets[.]"

Your Kleptocracy at Work. Lily Katz, et al., of Bloomberg News: "Kushner Cos., the real estate firm owned by the family of ... Jared Kushner, has sought financing from federally-owned lenders for its biggest purchase in a decade. The company has been in talks with Fannie Mae and Freddie Mac about a loan for a $1.15 billion purchase of apartments in Maryland and Virginia, according to two people familiar with the discussions, who asked not to be named discussing a private transaction. Such a deal would increase Kushner Cos.' exposure to government-backed mortgages at the same time its former chief executive officer is one of the most powerful people in the White House. Jared Kushner divested ownership in many of the company's assets to close family members when he joined the government. Kushner Cos. had more than $500 million in loans from Fannie and Freddie at that time. Government-backed financing on this latest deal could more than double that figure.... President Trump appointed Joseph Otting to oversee the Federal Housing Finance Agency, which regulates Fannie and Freddie. Otting previously served as CEO of OneWest Bank, founded by now-Treasury Secretary Steven Mnuchin, an ally of Kushner's in the West Wing."

Following Their Leader, Administration Continues to Abuse Women. Pam Belluck of the New York Times: "The Trump administration announced on Friday that it will bar organizations that provide abortion referrals from receiving federal family planning money, a step that could strip millions of dollars from Planned Parenthood and direct it toward religiously-based, anti-abortion groups. The new federal rule is almost certain to be challenged in court. Clinics will be able to talk to patients about abortion, but not where they can get one. And clinics will no longer have to counsel women on all reproductive options, including abortion, a change that will make anti-abortion providers eligible for funding. The rule, which has been expected for months, is the most recent step by the Trump administration to shift the direction of federal health programs in a conservative direction. The administration has expanded the ability of employers to claim religious or moral objections to the Affordable Care Act's requirement that they offer employees insurance coverage for contraception. It has channeled funding for teen pregnancy prevention programs and family planning grants into programs that emphasize sexual abstinence over contraception."

Karen DeYoung & Missy Ryan of the Washington Post: "The White House said Thursday that 'a small peacekeeping group of about 200' U.S. troops will stay in Syria beyond the planned withdrawal of American forces this spring.... The decision was a partial reversal of President Trump's order, announced in December, that all 2,000 U.S. troops in Syria would leave, since their mission to destroy the Islamic State caliphate, in his view, had been achieved. Complete withdrawal was expected by the end of April." (Also linked yesterday.) ...

     ... Mrs. McCrabbie: I heard in a later news report that the number of U.S. troops who would stay in Syria was 400.

Leo Shane of the Military Times: "Federal union officials accused the Veterans Affairs Department of undermining its own health care system by not filling thousands of open department health positions while they push new rules covering more medical appointments at private-sector hospitals.... At issue are nearly 49,000 empty posts within VA, just under 12 percent of the 420,000-plus jobs there. Department officials said that vacancy rate is normal for the sprawling bureaucracy.... The current number of vacancies is greater than the approximately 35,000 positions that were open 18 months ago, when critics and lawmakers first accused department leaders of not doing enough to keep the agency fully staffed. It's also above the 45,000 unfilled slots reported last September. Union officials call the new figure 'unconscionable' and part of a concerted effort by ... Donald Trump's administration to drain resources from the VA. 'The administration is setting us up to fail so they can dismantle veterans' preferred health care provider,' said Alma Lee, National Veterans Affairs council president for the American Federation of Government Employees."

<Sad News. AP: "The eight border-wall prototypes ... Donald Trump inspected during a visit to California in March are going to be torn down to make way for a second barrier separating California and Mexico, the U.S. Department of Customs and Border Protection said Friday.... The San Diego Union-Tribune reported Friday they cost between $300,000 and $500,000 apiece to build."

Caitlin Oprysko of Politico: "South Dakota Gov. Kristi Noem [R] said Friday that ... Donald Trump's trade wars have 'devastated' her state, and though she agreed that countries like China were not following fair trade practices, she urged the Trump administration to quickly wrap up its trade talks there.... Donald Trump has engaged in a tit-for-tat war with U.S. trade partners like China and the European Union, which have levied retaliatory tariffs on major U.S. commodities like soybeans and wheat. The White House has been in talks with China for months over the issue, and faces a self-imposed deadline of next Friday to reach an agreement before tariff rates increase drastically."

Alexander Panetta, et al., of Politico: "... Donald Trump on Friday night announced he will nominate current Ambassador to Canada Kelly Knight Craft as his next United Nations ambassador.... The announcement came about an hour after the president met face-to-face with Craft along with Secretary of State Mike Pompeo and national security adviser John Bolton in the Oval Office to finalize the nomination, according to a source familiar with the conversation.... Senate Majority leader Mitch McConnell took the unusual step this week of personally recommending Craft for the position during a phone call with Trump -- a move that tipped the scales in her favor.... Craft, a Kentucky native, is the wife of billionaire coal baron Joe Craft, who has donated $1 million to Trump's inauguration, and the couple served on the finance committee for Trump's inaugural. Joe Craft donated more than $1.6 million since 2011 to campaigns and super PACs connected to McConnell, who praised the nomination...."

All the Best People, Ctd.

Juliet Eilperin & Lisa Rein of the Washington Post: "Prosecutors have begun presenting evidence to a grand jury in Washington in their probe of whether former interior Secretary Ryan Zinke lied to federal investigators, according to two individuals briefed on the matter. The closed-door deliberations are focused on Zinke's decision not to grant a petition by two Indian tribes to operate a commercial casino in Connecticut, according to these individuals, who spoke on the condition of anonymity.... The Mashantucket Pequot and Mohegan tribes' push to run a gambling facility in East Windsor, Conn., had sparked a lobbying campaign by MGM Resorts International, a competitor that opposed the planned casino. The proposal was the subject of intense scrutiny at Interior and the White House during President Trump's first months in office. The tribes allege that Zinke decided not to grant their application because of political pressure, and Interior's Office of Inspector General opened an investigation into the matter a year ago. Investigators with the Interior Department's inspector general's office came to believe Zinke had lied to them in the course of that inquiry and referred the matter to the Justice Department late last year." ...

Rebecca Morin & Ian Kullgren of Politico: "... Donald Trump expressed confidence today in Labor Secretary Alexander Acosta, but said he was unfamiliar with the controversial 2008 plea deal that Acosta, then U.S. attorney for southern Florida, struck with billionaire pedophile Jeffrey Epstein. 'I really don't know too much about it,' Trump told reporters in the Oval Office. 'I know he's done a great job as labor secretary, and that seems like a long time ago, but I know he's been a fantastic labor secretary. That's all I can really tell you about it....'... [Sarah Sanders told reporters,] 'My understanding is that's a very complicated case ... but that they made the best possible decision and deal they could have gotten at that time.'" ...

     ... Mrs. McCrabbie: Yeah, breaking federal law to help a child predator escape significant punishment is "the best possible decision" one can expect from a Trump appointee.

... Juliegrace Brufke of the Hill: "Three House Democrats are collecting signatures for a letter calling on President Trump to demand the resignation of Labor Secretary Alexander Acosta. The push comes a day after a federal judge ruled that Acosta and other federal prosecutors acted illegally in making a plea deal with accused child sexual abuser and billionaire Jeffrey Epstein before speaking with his victims.... The letter is being organized by Democratic Reps. Jackie Speier (Calif.), Debbie Wasserman Schultz (Fla.) and Lois Frankel (Fla.). 'This despicable unjust plea deal that was arranged by Acosta showed no respect for the suffering of the victims and credible accounts of human trafficking and was a clear abuse of power for political gain,' the lawmakers write. The letter says Acosta's mishandling of the situation shows he's unfit to serve in the administration, arguing he 'succumbed to the pressure' from Epstein&'s legal team while disregarding the law."


Niv Elis
of the Hill: "Democrats in the House introduced a resolution on Friday that would block President Trump's emergency declaration on the southern border, a step he took to free up as much as $8 billion in funding to build his proposed border wall. The resolution sponsored by Rep. Joaquin Castro (D-Texas) had 222 cosponsors. The measure is expected to pass the Democratic-held House, but will need to win GOP support to get through the Senate." (Also linked yesterday.)

Presidential Race 2020

Nicholas Pugliese of the (South Jersey) Courier Post: "New Jersey Democrats are reviving a controversial effort to force ... Donald Trump to release his tax returns or be denied a spot on the state's 2020 ballot. The state Senate on Thursday approved a bill -- which the Legislature passed once before, in 2017, but which then-Gov. Chris Christie blocked by issuing a scathing veto& -- that would prohibit candidates for president and vice president from appearing on the ballot unless they make their tax returns public. Similar legislation has been introduced in at least 30 states but never enacted, according to the National Conference of State Legislatures, meaning New Jersey would be the first to impose such a disclosure requirement if its measure is also approved by the Assembly and signed by Gov. Phil Murphy, a Democrat."


Will Hobson & Mark Maske
of the Washington Post: "New England Patriots owner Robert Kraft was charged with solicitation of prostitution Friday in connection with an investigation of a day spa in Florida. The 77-year-old billionaire and owner of one of the most successful sports franchises in the world was videotaped engaging in a sex act with an employee at Orchids of Asia Day Spa in Jupiter, Fla., police there said at a news conference Friday." (Also linked yesterday.) ...

... Patricia Mazzei, et al., of the New York Times: "Robert K. Kraft, the billionaire owner of the Super Bowl champion New England Patriots, was charged on Friday with two counts of soliciting sex as part of a wide-ranging investigation into prostitution and suspected human trafficking in South Florida. The charges against Mr. Kraft, 77, in Jupiter, Fla., came after the police used video surveillance to observe activity inside several day spas and massage parlors. The police said that the parlors had been used for prostitution and that many of the women involved were considered to be victims.... More than two dozen customers, men ranging in age from their 30s to at least one in his 80s, have been arrested; hundreds have been charged, the police said.... [Kraft] is a leading voice in the N.F.L.'s small fraternity of billionaire owners ... and a friend and political benefactor of President Trump.... A widower, [Kraft] has been charged with two misdemeanors, not felonies, and those charges may be reduced or dropped." ...

Here's Something Trump Funds Even Sadder than an Aspiring Mass Murderer. Rebecca Morin of Politico: "... Donald Trump said Friday it is 'very sad' that New England Patriots owner Robert Kraft, who is a close friend of the president, was charged with allegedly soliciting prostitution at a spa in Florida."

Elizabeth Harris of the New York Times: "For more than two decades, the R&B singer R. Kelly has been trailed by allegations of sexual misconduct. He was married to a young singer who turned out to be 15 years old. There were claims that he controlled women in a cultlike atmosphere. He was linked to an infamous sex tape. None of it meaningfully stood in his way. Then, on Friday in Chicago, after weeks of renewed scrutiny, Mr. Kelly was indicted. The authorities accused him of aggravated criminal sexual abuse involving four victims, three of whom were underage, according to the Cook County state's attorney Kim Foxx.... Ms. Foxx said the events related to Mr. Kelly's charges spanned from 1998 to 2010. Three of the victims were between the ages of 13 and 16 at the time of the incidents."

<Dominic Patten & Nellie Andreeva of Deadline Hollywood: "One day after Jussie Smollett was arrested on multiple felony charges over last month's alleged racist and homophobic attack in Chicago, the producers of Empire have cut the actor from the rest of the show's fifth season." (Also linked yesterday.)

Beyond the Beltway

Virginia. Laura Vozzella of the Washington Post: Virginia "Republicans will invite two women who have accused Lt. Gov. Justin Fairfax (D) of sexual assault to publicly testify before lawmakers, despite Democrats' objections that it would turn into a 'political, partisan show.'" (Also linked yesterday.)

Thursday
Feb212019

The Commentariat -- February 22, 2019

Late Morning/Afternoon Update:

Will Hobson & Mark Maske of the Washington Post: "New England Patriots owner Robert Kraft was charged with solicitation of prostitution Friday in connection with an investigation of a day spa in Florida. The 77-year-old billionaire and owner of one of the most successful sports franchises in the world was videotaped engaging in a sex act with an employee at Orchids of Asia Day Spa in Jupiter, Fla., police there said at a news conference Friday." "Kraft is a longtime friend of the president's."

David Fahrenthold of the Washington Post: "On Election Day 2016, six residential buildings called 'Trump Place' stood in a row on Manhattan's Upper West Side -- a legacy of Donald Trump's efforts to develop that site, and a sign of the Trump name's enduring value in New York. Soon, Trump's name will be gone from all of them. On Friday, the last building holding on to the name 'Trump Place' announced that it would take down the president's name, according to an email obtained by The Washington Post.... Just one day earlier, the condo board at the second-to-last Trump Place building -- at 120 Riverside -- had announced its own decision to remove the president's name from the building facade."

Walker Davis of CREW: "New tax documents obtained by CREW shed light on the finances of a dark money group tied to longtime Trump associate Roger Stone.... The group itself is reportedly facing scrutiny in the Mueller probe, but the tax documents have not been made public until now. After missing their filing deadline by more than eight months, the 2016 tax returns for the 501(c)(4) social welfare organization, called Committee for American Sovereignty Education Fund (CASEF), were filed with the IRS in July 2018, before quickly being amended weeks later. The submission of the filings may have coincided with scrutiny of the group by Special Counsel Mueller's investigators, and may suggest activity by Mueller's team behind the scenes."

Laura Vozzella of the Washington Post: Virginia "Republicans will invite two women who have accused Lt. Gov. Justin Fairfax (D) of sexual assault to publicly testify before lawmakers despite Democrats' objections that it would turn into a 'political, partisan show.'"

Dominic Patten & Nellie Andreeva of Deadline Hollywood: "One day after Jussie Smollett was arrested on multiple felony charges over last month's alleged racist and homophobic attack in Chicago, the producers of Empire have cut the actor from the rest of the show's fifth season."

William Rashbaum of the New York Times: "The Manhattan district attorney's office is preparing state criminal charges against Paul J. Manafort, President Trump's former campaign chairman, in an effort to ensure he will still face prison time even if the president pardons him for his federal crimes, according to several people with knowledge of the matter. Mr. Manafort is scheduled to be sentenced next month for convictions in two federal cases brought by Special Counsel Robert S. Mueller III. He faces up to 25 years in prison for tax and bank fraud and additional time for conspiracy counts in a related case. It could effectively be a life sentence for Mr. Manafort, who turns 70 in April. The president has broad power to issue pardons for federal crimes, but no such authority in state cases. And while there has been no clear indication that Mr. Trump intends to pardon Mr. Manafort, the president has spoken repeatedly of his pardon power and defended his former campaign chairman on a number of occasions, calling him a 'brave man.'"

Niv Elis of the Hill: "Democrats in the House introduced a resolution on Friday that would block President Trump's emergency declaration on the southern border, a step he took to free up as much as $8 billion in funding to build his proposed border wall. The resolution sponsored by Rep. Joaquin Castro (D-Texas) had 222 cosponsors. The measure is expected to pass the Democratic-held House, but will need to win GOP support to get through the Senate."

Karen DeYoung & Missy Ryan of the Washington Post: "The White House said Thursday that 'a small peacekeeping group of about 200' U.S. troops will stay in Syria beyond the planned withdrawal of American forces this spring.... The decision was a partial reversal of President Trump's order announced in December, that all 2,000 U.S. troops in Syria would leave, since their mission to destroy the Islamic State caliphate, in his view, had been achieved. Complete withdrawal was expected by the end of April.&"

Trump Is Still Incriminating Himself. Tal Axelrod the the Hill: "President Trump slammed special counsel Robert Mueller's Russia probe as a 'witch hunt' in a new tweet on Friday, calling for it to end amid reports that it is coming to a close. 'Highly respected Senator Richard Burr, head of Senate Intelligence, said, after interviewing over 200 witnesses and studying over 2 million pages of documents, "WE HAVE FOUND NO COLLUSION BETWEEN THE TRUMP CAMPAIGN AND RUSSIA." The Witch Hunt, so bad for our Country, must end!' Trump tweeted."

*****

The Trump Scandals, Ctd.

Andrew Restuccia & Darren Samuelsohn of Politico: "Facing the possible completion of a special counsel investigation that could upend his presidency, Donald Trump is lashing out at everything and everybody -- except his new attorney general, Bill Barr. Trump, who publicly filleted Jeff Sessions for more than a year, has adopted a noticeably friendly tone toward Barr, even as the newly sworn-in attorney general prepares to face ... the culmination of Robert Mueller's Russia probe. 'He's a tremendous man and tremendous person who really respects this country and respects the justice system. So that'll be totally up to him,' Trump said in the Oval Office Wednesday when asked about a new CNN report that Barr is preparing to announce the completion of Mueller's work as soon as next week. Last week, at the close of meandering remarks in the Rose Garden, Trump similarly praised Barr. 'I want to wish our attorney general great luck and speed -- and enjoy your life,' the president declared." (Also linked yesterday afternoon.)

Neal Katyal, in a New York Times op-ed: "The special counsel Robert Mueller will apparently soon turn in a report to the new attorney general, William Barr.... The report is unlikely to be a dictionary-thick tome, which will disappoint some observers. But such brevity is not necessarily good news for the president. In fact, quite the opposite.... A concise Mueller report might act as a 'road map' to investigation for the Democratic House of Representatives -- and it might also lead to further criminal investigation by other prosecutors. A short Mueller report would mark the end of the beginning, not the beginning of the end.... There is no open impeachment inquiry now. But that could quickly change if Mr. Mueller writes a report that is anything less than a full clearing of the president: Congress would be under a constitutional obligation to investigate the facts for itself."

You Won't Be Hearing from Roger Stone Any More. Maybe. Darren Samuelsohn, et al., of Politico: "A federal judge hit Roger Stone with a full gag order on Thursday, several days after the longtime Donald Trump associate posted a photo on Instagram that appeared to threaten the federal judge overseeing his case. Before U.S. District Court Judge Amy Berman Jackson issued her decision, Stone took the stand to offer a formal apology. 'I recognize that I let the court down,' Stone said. 'I let you down. I let myself down. I let my family down. I let my attorneys down. I can only say I'm sorry. it was a momentary lapse in judgment. Perhaps I talk too much.'... 'So thank you, but the apology rings quite hollow,' [the judge] said, adding: 'There's nothing ambiguous about crosshairs.'... 'No, Mr. Stone I'm not giving you another chance,' she said. 'I have serious doubts about whether you've learned any lesson at all. You appear to need clear boundaries,' she added. 'So there they are.'... Stone was already under a partial gag order that allowed the defendant to continue discussing his case so long as he wasn't in the vicinity of the D.C. courthouse."(Also linked yesterday afternoon.) ...

     ... Mrs. McCrabbie: Jeff Toobin said on CNN that Judge Berman, who was not particularly exercised before Stone began testifying, got angrier & angrier as Stone made numerous outlandish claims during testimony. At the end of Stone's turn in the box, Berman took 15 minutes before coming back to "excoriate" Stone, in Toobin's characterization.

Andrew Desiderio & Darren Samuelsohn of Politico: "Michael Cohen is set to testify before the Senate Intelligence Committee behind closed doors on Tuesday, a source close to Cohen said, in what will kick off a three-day marathon of Capitol Hill testimony for ... Donald Trump's former attorney and fixer."

Kara Scannell & Erica Orden of CNN: "Federal prosecutors have charged an analyst with the Internal Revenue Service with illegally disclosing confidential reports about Michael Cohen's bank records that revealed that ... [Cohen] had sought to profit from his proximity to the White House, according to a complaint unsealed on Thursday. The analyst, John C. Fry, was charged with the unauthorized disclosure of a document called a suspicious activity report, which banks file when they review transactions that raise red flags.... Fry, an investigative analyst with the IRS's law enforcement arm, is accused of turning over the reports in the spring of 2018 to an attorney, Michael Avenatti, and of confirming confidential banking information in them to a reporter for The New Yorker, according to the complaint, which was filed under seal earlier this month." The criminal complaint against Fry is here. The story details some of its assertions.

Josh Kovensky of TPM: "Federal prosecutors are investigating interactions between vendors and officials at President Trump's inaugural committee, the Wall Street Journal reports. Officials at the committee reportedly pushed back against top vendor Hargrove Inc., which purportedly submitted a budget that used 'wildly different pricing' from previous inaugurals. The newspaper also reports that after the Trump D.C. hotel asked for $3.6 million for eight days of catering and space rental, an unnamed inaugural official forwarded the request to other committee members. 'Ummm...' the official reportedly wrote.... Prosecutors are investigating whether or not inaugural vendors took payments off the books for services provided to the committee, according to news reports."

Ben Steinberg, in Slate, argues that prosecutors could prove a case of conspiracy against Donald Trump by invoking anti-trust laws, which have a lower standard of proof than do laws prohibiting criminal conspiracies. "Because antitrust conspiracies, like a potential Trump-Russia conspiracy, are carried out by sophisticated actors adept at avoiding detection, courts have ruled that 'it is well recognized law that any conspiracy can ordinarily only be proved by inferences drawn from relevant and competent circumstantial evidence.' Courts have explained that '[b]y its nature conspiracy is conceived and carried out clandestinely, and direct evidence of the crime is rarely available.'... If presented at trial, the jury's task will be to determine whether this mutual assistance between Trump and Russia reflects mere parallel conduct (i.e., pursuing similar goals without coordination), which is not itself illegal -- or coordinated conduct, which is." Thanks to Ken. W. for the link....

     ... Mrs. McCrabbie: I don't think I'm a fan of this tack: anti-trust actions are mostly civil, not criminal, and I do want to see Trump doing the jailhouse rock, even though I very much doubt that will happen. I think, in the end, we will have to be satisfied with history's indictment of Trump -- Worst President* Ever, with maybe an impeachment asterisk forever following his name.


Jared Keller
of Task & Purpose: "On Wednesday, President Trump tweeted a time-lapse video of wall construction in New Mexico; the next day, he proclaimed that 'THE WALL IS UNDER CONSTRUCTION RIGHT NOW'[.]... The footage, which was filmed more than five months ago on Sep. 18, 2018, isn't really new wall construction at all, and certainly not part of the ongoing construction of 'the wall' that Trump has been haggling with Congress over. 'It's a replacement project,' Mike Petersen, public affairs director for the Army Corps of Engineers' South Pacific Division, told Task & Purpose. 'I was in the division 12 years ago and we were doing border wall replacement work back then.'... A separate source told Task & Purpose on condition of anonymity ... that the president was passing off maintenance as new wall construction." Mrs. McC: Also too, it's not "wall"; it's "fence," to any normal English-speaking person.

** Sebastian Rotella, Tim Golden & ProPublica in The Atlantic: "Trump's 'zero tolerance' immigration policies have made America's historically weak anti-smuggling efforts even weaker. Over the past two years, as smuggling networks have thrived, the Department of Homeland Security has shifted money and manpower away from more complex investigations to support the administration's all-out push to arrest, detain, and deport immigrants here illegally.... In the first full fiscal year of Trump's presidency, the number of new human-smuggling cases launched by Homeland Security Investigations, or HSI, the investigative arm of Immigration and Customs Enforcement, dropped from 3,920 to 1,671, a decline of almost 60 percent.... The Human Smuggling Cell, a special-intelligence unit set up within ICE to support more ambitious migrant-smuggling efforts, has dwindled to less than half the staff it had in 2016." --s

Marianne Levine of Politico: "Senate Minority Leader Chuck Schumer (D-N.Y.) said Thursday that Senate Democrats will introduce a resolution to block ... Donald Trump's national emergency declaration. The Senate Democrats' resolution of disapproval comes as House Democrats plan to introduce a similar resolution disapproving of Trump's emergency declaration on Friday.... It would take four Republican Senators to join Democrats to approve the measure, though Trump would likely veto it."

Franco Ordoñez of McClatchy DC: "As debate in public rages about illegal immigration and a border wall, Jared Kushner has been holding private meetings in the West Wing on ways to overhaul the legal immigration system, according to six people familiar with the conversations and documents obtained by McClatchy.... Kushner has helped kicked off a fresh discussion on immigration that reflects a new paradigm in the White House. It's a shift away from priorities of 2017 that sought to prevent the influx of foreign workers who could displace American workers in favor of a new approach preferred by more traditional Republicans, particularly those close to the corporate sector who are desperate to attract more foreign workers to fill U.S. factories and tech hubs.... [There is a] feeling that Kushner has edged out Stephen Miller, Trump's chief architect on some of the toughest proposals and a favorite in conservative circles[.]" --s

... we've had thousands of Americans die year after year after year because of threats crossing our southern border. -- Stephen Miller, senior adviser to President Trump, in an interview with "Fox News Sunday," February 17

... it's an astonishing statement, suggesting that undocumented immigrants kill thousands of Americans every year.... There's no evidence that thousands of Americans are killed by undocumented immigrants, especially in light of credible studies showing they commit crimes at lower rates than native-born Americans. -- Glenn Kessler of the Washington Post

Alan Gomez of USA Today: "The Trump administration has been blocked from systematically breaking up migrant families, but hundreds of children crossing the border continue to be separated from their parents in a process requiring none of the oversight used to remove children in the United States from their homes, according to a USA TODAY review of the system.... At the border, the removal decision is made solely by U.S. Customs and Border Protection agents in the field. No child welfare specialist is required, and no judge is involved in a decision that cannot be appealed.... [CPB agents often use an exception to the rulings disallowing separations --] when a parent presents a danger to a child.... Immigration attorneys and family law experts say the process being used to separate children, most commonly carried out by CBP agents, has been shrouded in mystery, provides no due process for the parents and is vulnerable to abuse or mistakes." (Also linked yesterday afternoon.)

That Time Trump Forgot to Be Cruel & Vindictive. Brianna Sacks & Hamed Aleaziz of BuzzFeed News: "Although ... Donald Trump tweeted that he had ordered his administration to cut off disaster aid to wildfire victims in California, federal officials confirmed on Wednesday that they never received any such directive.... 'Billions of dollars are sent to the state of California for forest fires that, with proper forest management, would never happen,' the president tweeted last month. 'Unless they get their act together, which is unlikely, I have ordered FEMA to send no more money. It is a disgraceful situation in lives & money!'... 'We never got any such directive,' Brandi Richard, a FEMA spokesperson, told BuzzFeed News. 'That's evidenced by the fact that work is still being done and we continue to support wildfire survivors across the state.'" (Also linked yesterday.) ...

... Jonathan Bernstein of Bloomberg: "This week offered two prime examples of why Donald Trump's presidency has been weaker than most people realize. First, [Bernstein cites the BuzzFeed News report above.]... Political scientist Brendan Nyhan gets it right: 'Weakest president in contemporary times. "Ordered" likely means he said something to a staff member who ignored him.' Second: 'Bowing to bipartisan concerns in Congress, President Trump retreated Tuesday from his plan to create an independent "space force" in the Pentagon, proposing instead to consolidate the military's space operations and personnel in the Air Force.' Kevin Drum at Mother Jones explains: 'So now it's just a branch of the Air Force, which is more-or-less what it already is since the Air Force Space Command already exists. It's just going to get a little bigger now.'" ...

     ... Mrs. McCrabbie: Off the top of my head, I can't think of a single instance where Trump said, "Here's a good idea," and the Republican Congress said, "Yessir, it is." The Trump tax break for the rich was a Paul Ryan wet dream for years. Trump's ObamaCare repeal, which GOP members of Congress pushed for years, didn't even pass. Lifting sanctions on Russia? Nope. Wall? Nope. The Senate has confirmed his half-assed Cabinet members, but that's SOP for any president, and of course Senate Republicans love "his" judges, but Trump's judges are not his picks; they come via the Federalist Society with a McConnell Seal of Approval.

Asawin Suebsaeng of the Daily Beast: "Upon orientation, [White House] interns signed their very own non-disclosure agreements (NDAs), with the envoy of the counsel's office warning them that a breach of the NDA -- blabbing to the media, for instance -- could result in legal, and thus financial, consequences for them. Interns were also told that they would not receive their own copies, these sources said.... To veterans of other administrations, the act of compelling interns to sign these types of NDAs would seem odd, if not downright unenforceable or legally dubious. To this White House, it's standard operating procedure." (Also linked yesterday afternoon.)

EPA for Sale. Zack Colman & Alex Guillén of Politico: "The nation's biggest coal-burning power companies paid a top lobbying firm [Hunton & Williams] millions of dollars to fight a wide range of Obama-era environmental rules, documents obtained by Politico reveal -- shortly before one of the firm's partners became President Donald Trump's top air pollution regulator. Now that ex-partner, Bill Wehrum, is aggressively working to undo many of those same regulations at the EPA, where he is an assistant administrator in charge of issues including climate change, smog and power plants' mercury pollution.... Twenty-five power companies and six industry trade groups agreed to pay the firm a total of $8.2 million in 2017 alone, according to an internal summary prepared in June of that year -- less than three months before Trump tapped Wehrum for his EPA post." --s

Brian Schwartz of CNBC: "A lobbying firm run by former advisors to ... Donald Trump is representing American Ethane Company, an energy producer funded by Russian billionaires that is involved with a Chinese aluminum company.... American Ethane touts a contract it signed with the Nanshan Group, an aluminum production company based in China. The development also comes as the Trump administration is engaged in high-stakes trade talks with the Chinese government. 'Ryan O'Dwyer and I were hired to help a U.S. company get permits issued to them to fulfill a contract signed during a signing ceremony between President Trump and President Xi,' [Jason] Osborne, a former Trump campaign advisor, told CNBC. [O'Dwyer worked on Trump's inaugural committee.] The deal was signed at a ceremony in November 2017 in front of Trump and China's president, Xi Jinping."

Julie Brown of the Miami Herald: "A judge ruled Thursday that federal prosecutors -- among them, U.S. Labor Secretary Alexander Acosta -- broke federal law when they signed a plea agreement with a wealthy, politically connected sex trafficker and concealed it from more than 30 of his underage victims. U.S. District Judge Kenneth A. Marra, in a 33-page opinion, said that the evidence he reviewed showed that Jeffrey Epstein had been operating an international sex operation in which he and others recruited underage girls -- not only in Florida -- but from overseas, in violation of federal law.... Instead of prosecuting Epstein under federal sex trafficking laws, Acosta, then the U.S. attorney in Miami, helped negotiate a non-prosecution agreement that gave Epstein and his co-conspirators immunity from federal prosecution. Epstein, who lived in a Palm Beach mansion, was allowed to quietly plead guilty in state court to two prostitution charges and served just 13 months in the county jail. His accomplices, some of whom have never been identified, were never charged." (Also linked yesterday afternoon.) ...

... Pilar Melendez of the Daily Beast: "By signing the deal, Marra ruled, Acosta and other DOJ lawyers violated the Crime Victims' Rights Act (CVRA), which guarantees victims the right to speak with prosecutors.... [Epstein's] lawyers, including Sexgate prosecutor Ken Starr and celebrity attorney Alan Dershowitz, created the secret 2008 plea deal with Acosta, who was then Miami's top federal prosecutor, and other attorneys unbeknownst to the billionaire's alleged victims, [a Miami] Herald investigation found.... The decision comes less than a month after the Department of Justice announced it has opened an investigation into Epstein's sweetheart plea deal to determine whether department lawyers 'committed professional misconduct' during his prosecution." ...

... Get Out! Sarah Jones of New York: "It's not yet clear if Marra's ruling will necessarily force Acosta from office.... The Justice Department says on its website that employees who 'willfully or wantonly' fail to comply with the law could face suspension or termination, but Acosta no longer works for the department. And until he was implicated in the Epstein deal, Acosta enjoyed a relatively uncontroversial public profile by the standards of the Trump administration.... In perhaps any other presidential administration, Marra's verdict would lead swiftly to an Acosta resignation.... The same culture of impunity that insulates elite predators likeEpstein from justice could keep Acosta in power.... His resignation is now long overdue."

Rebekah Entralago of ThinkProgress: "The Republican tax bill helped U.S. banks gain an extra $28 billion in profits last year, according to new data released Thursday by the Federal Deposit Insurance Corporation (FDIC).... Hourly wages have basically remained stagnant while corporate profits have skyrocketed. While the U.S. economy added over 300,000 jobs in January, workers got what amassed to just a 3-cent hourly raise." --s

Richard Oppel of the New York Times: "Federal law bars gun ownership by felons, fugitives, drug abusers, people adjudicated to be mentally ill, those dishonorably discharged from the military or living in the country illegally, and by convicted domestic abusers or others subject to domestic violence restraining orders. But experts say the number of people who are barred from owning guns but have them anyway may reach into the millions.... Only eight states have laws that provide an explicit mechanism so that people suspected of having guns in violation of those prohibitions are actually required to give them up. And some of those states merely allow -- but do not require -- the police to seek a court order to confiscate such guns. That was the case in Illinois, where the authorities knew for more than four years that Gary Martin was a violent felon but apparently did nothing to ensure that he surrendered the laser-sighted Smith & Wesson handgun that he used to kill five co-workers in Aurora, Ill., on Friday.... Only a single state -- California -- has a database dedicated to tracking firearm owners who have lost their right to possess a gun, either because of a new criminal conviction or something else." (Also linked yesterday afternoon.)

Presidential Race 2020

Once a Crook, Always a Crook. Sam Stein, et al., of the Daily Beast: "Nearly three years after hacked materials upended the 2016 presidential campaign, every Democratic candidate running for the White House has pledged not to knowingly use such material should they end up being published during the current election cycle. Only one 2020 campaign declined to make such a commitment: ... Donald Trump"s." ...

... Josh Rogin of the Washington Post: "When U.S. politicians take false information that's part of a foreign intelligence influence operation and promote it or otherwise use it to their advantage, that's tantamount to aiding and abetting the attack, [Joe] Biden told an audience in Munich this past weekend. 'Foreign election interference is not only a serious threat to our democratic institutions, I believe it's a threat to our national security,' he said. 'Authoritarian regimes, led by Russia, are actively seeking to interfere in our open, diverse and democratic societies to try to change outcomes of our democratic elections, and we can't allow that to happen.' Biden is co-chair of the Transatlantic Commission on Election Integrity, a nongovernmental panel established last year to fill the gap on fighting election interference that governments have left. Along with former NATO secretary general Anders Fogh Rasmussen and others, the group brings together U.S. and European leaders to cooperate against the common threat."

Alex Isenstadt of Politico: "Republican Gov. Larry Hogan said Thursday he expects to make a springtime trip to New Hampshire as he weighs a 2020 challenge to Donald Trump -- and accused the Republican National Committee of going to extraordinary lengths to shield the president from a potentially draining primary.... 'It's very undemocratic and to say, "We're in some cases not going to allow a debate, we may not have a primary...,"' [Hogan said.]... During its annual winter meeting earlier this year, the RNC passed a resolution giving the president its 'undivided support' ahead of the 2020 election. Trump has also rolled out a 2020 campaign organization that incorporates the RNC and his campaign into a single entity, with the reelection campaign and committee merging their field and fundraising programs into a joint entity.... Traditionally, a presidential reelection committee has worked side-by-side with the national party committee but not overtaken it."

Michael Burke of The Hill: "Democratic Sens. Kamala Harris (Calif.) and Elizabeth Warren (Mass.), who are both running for president, have reportedly said they support reparations for black Americans affected by slavery." --s ...

     ... Mrs. McCrabbie: Pretty stupid.

Congressional Election 2018. Alan Blinder of the New York Times: "Mark Harris, the Republican candidate for Congress in North Carolina whose campaign is at the center of a fraud inquiry, on Thursday called for a new election.... 'It's become clear to me that the public's confidence in the Ninth District's general election has been undermined to an extent that a new election is warranted,' Mr. Harris said to audible gasps in the hearing room in the North Carolina capital. The state board did not immediately rule on Mr. Harris's request, but the five-member panel is now virtually certain to order a new election.... In [calling for a new election], Mr. Harris effectively acknowledged that L. McCrae Dowless Jr., a contractor he personally hired, and a network of employees had compromised the integrity of the vote." (Also linked yesterday afternoon.) ...

     ... ** Update. Amy Gardner of the Washington Post: “The North Carolina State Board of Elections on Thursday ordered a new election in the 9th Congressional District, ending a dramatic, months-long investigation into allegations of widespread ballot tampering. 'It appears to me the irregularities and improprieties occurred to such an extent that they tainted the results of the entire election and cast doubt on its fairness,' said the board chairman, Bob Cordle, shortly before the five-member panel voted unanimously to throw out the November results between Republican Mark Harris and Democrat Dan McCready." (Also linked yesterday afternoon.)


Jenna Portnoy
of the Washington Post: "[Virginia's] Republican-controlled House of Delegates on Thursday killed Democrats' last-ditch efforts to pass the Equal Rights Amendment in the waning days of the legislative session, as advocates promised retribution at the ballot box.... Introduced nearly a century ago by suffragist Alice Paul, the amendment would bar discrimination on account of sex. The lower chamber of the Genera Assembly has consistently thwarted a campaign by ERA activists to make Virginia the 38th -- and theoretically the last -- state needed to ratify the measure." (Also linked yesterday afternoon.)

Lynh Bui, et al., of the Washington Post: "... U.S. Coast Guard lieutenant [Christopher P. Hasson] spent hours on end planning a wide-scale domestic terrorist attack, even logging in at his work computer on the job at headquarters to study the manifestos and heinous paths of mass shooters, prosecutors say. He researched how to carry out sniper attacks, they contend, and whether rifle scopes were illegal. And all the while, investigators assert, he was amassing a cache of weapons as he ruminated about attacks on politicians and journalists.... Hasson was arrested on gun and drug charges... [Judge Charles] Day said before he gave the government 14 days to bring additional charges and before Hasson's lawyer could file an appeal for his possible release. The chilling plans prosecutors assert he was crafting became apparent [were] detected by an internal Coast Guard program that watches for any 'insider threat.'... He held a secret-level security clearance beginning in April 2005, and background checks did not find information that merited denying it...."

Annals of "Journalism," Ctd.

Erik Wemple of the Washington Post has a terrific post on CNN's decision to hire Sarah Isgur, late of the Jeff Sessions/Donald Trump administration. Don't miss Alexandra Ocasio-Cortez's comment on the hire. Mrs. McC P.S. You can bet that besides personally swearing her fealty to King Donald, she also signed one of those Trumpy non-disclosure agreements. Seriously, how does one "edit" anything at a news organization when obliged to edit out anything that reflects poorly on the worst president* in U.S. history?

Matthew Haag of the New York Times: "After a scandal erupted around Gov. Ralph Northam of Virginia this month over a racist photograph in his 1984 medical school yearbook, reporters at USA Today set out on an ambitious review of hundreds of college yearbooks from that time. That search of yearbooks from 120 colleges in the 1970s and '80s found that racist imagery like the black-and-white photograph on Mr. Northam's yearbook page ... appeared on full, blatant display in dozens of the glossy publications. White students dressed up like black celebrities, smearing on shoe polish to resemble Michael Jackson, or wore Nazi uniforms to parties. In an article published on Wednesday, USA Today identified at least 200 instances of racist and derogatory images and material in yearbooks across the United States. One example was on Page 218 of the 1988-89 yearbook at Arizona State University. The yearbook was edited by a 21-year-old named Nicole Carroll, who is now USA Today's own editor in chief.... Ms. Carroll, who is white, also designed Page 218 of the yearbook. When the photograph was discovered, she 'immediately recused herself from involvement in this coverage,' the newspaper said."

Julia Arciga of the Daily Beast: "A former member of Fox News' 'Medical A-Team' was reportedly sued by three female patients within the past year claiming he lured them into sexual relationships that degraded the women through beatings and bondage. One woman even got a tattoo featuring the doctor's initials so that he could claim 'ownership' of her. According to The Boston Globe, the three malpractice lawsuits against Dr. Keith Ablow claim that he instilled feelings of distrust and 'self-recrimination' while treating the women for depression. The three women involved said they relocated to Massachusetts from other states at Ablow's request.... Three former co-workers of Ablow’s reportedly filed affidavits supporting the patients'; claims, and also accusing Ablow of sexual harassment.... Aside from his medical practice, Ablow has had a long career as a TV commentator, including a stint as Glenn Beck's co-author and preferred on-air shrink, and perhaps most notoriously as a Fox News contributor, where he often heavily dosed his medical commentary with overtly sexist, right-wing politics."


Jennifer Schuessler
of the New York Times: "The Obama Presidential Center promises to be a presidential library like no other. The four-building, 19-acre 'working center for citizenship,' set to be built in a public park on the South Side of Chicago, will include a 235-foot-high 'museum tower,' a two-story event space, an athletic center, a recording studio, a winter garden, even a sledding hill. But the center, which will cost an estimated $500 million, will also differ from the complexes built by Barack Obama's predecessors in another way: It won't actually be a presidential library. In a break with precedent, there will be no research library on site, and none of Mr. Obama's official presidential records. Instead, the Obama Foundation will pay to digitize the roughly 30 million pages of unclassified paper records from the administration so they can be made available online. And the entire complex, including the museum chronicling Mr. Obama's presidency, will be run by the foundation, a private nonprofit entity, rather than by the National Archives and Records Administration, the federal agency that administers the libraries and museums for all presidents going back to Herbert Hoover." ...

     ... Mrs. McCrabbie: Dubya notwithstanding, Barack Obama is the first president of the 21st century. Of course Trump's "library" won't hold any paper records, either, but that's because Trump ate them in his taco salad.

Capitalism Will Kill You. David Armstrong of ProPublica: "In May 1997, the year after Purdue Pharma launched OxyContin, its head of sales and marketing sought input on a key decision from Dr. Richard Sackler, a member of the billionaire family that founded and controls the company. Michael Friedman [-- now Purdue Pharma's former CEO (Mrs. McC: I think) --] told Sackler that he didn't want to correct the false impression among doctors that OxyContin was weaker than morphine, because the myth was boosting prescriptions -- and sales. 'It would be extremely dangerous at this early stage in the life of the product,' Friedman wrote to Sackler, 'to make physicians think the drug is stronger or equal to morphine.... We are well aware of the view held by many physicians that oxycodone [the active ingredient in OxyContin] is weaker than morphine. I do not plan to do anything about that.'"

Charles Duhigg, in the New York Times Magazine, discovers that most of his fellow Harvard Business School alums are miserable. They hate their meaningless, very high-paying jobs.

Beyond the Beltway

California. Matt Pearce of the Los Angeles Times: "... it will probably come as a surprise to California state employees and taxpayers to learn they were helping fund [the National Enquirer]. During the 2016 presidential campaign, California's massive public pension fund, CalPERS, was one of the biggest investors in the debt-laden owner of the National Enquirer, according to public records reviewed by the Los Angeles Times. Through an investment managed by a New Jersey hedge fund, California's public pension fund appears to have owned as much as one-third of American Media Inc., the National Enquirer's parent company, in 2016. It is not clear whether CalPERS continues to hold a major stake in the tabloid publisher." Mrs. McC: I've linked the story, but unless you're a subscriber, good luck getting there. I've found the LA Times to be mighty tetchy; besides allowing few clicks per month, the page usually tells me I'm in a private window when I'm not.

Illinois. Sopan Deb & Jack Healy of the New York Times: "Jussie Smollett, upset by his salary and seeking publicity, staged a fake assault on himself a week after writing himself a threatening letter, the Chicago police said Thursday after the 'Empire' actor surrendered to face a charge of filing a false police report. A visibly angry Chicago Police Superintendent Eddie T. Johnson said Mr. Smollett had taken advantage of the pain and anger of racism, draining resources that could have been used to investigate other crimes for which people were actually suffering. 'I just wish that the families of gun violence in this city got this much attention,' he said at a news conference in Chicago.... At an afternoon bail hearing, a judge set Mr. Smollett's bond at $100,000. He was released Thursday evening after posting bond." (Also linked yesterday afternoon.)

West Virginia. Casey Quinlan of ThinkProgress: "On Tuesday and Wednesday, West Virginia teachers went on strike to protest a bill that would allow charter schools to operate in the state and allocate money toward private school vouchers -- and they won. This is the second time in two years that teachers across the state have gone on strike to achieve their education policy goals. But the strike also has important national implications, revealing traditional public school teachers' growing concerns about charter school expansion. There are only six states that have not passed laws authorizing charter schools, and West Virginia is one of them." --s

Way Beyond

Jason Horowitz of the New York Times: "Cloistered inside the Vatican on Thursday, Roman Catholic Church leaders heard searing prerecorded video testimonials from abuse survivors, including one made pregnant three times by a priest who started abusing her at age 15, beat her and forced her to have abortions.... The meeting was potentially a consequential moment for this papacy and the most visible step taken by the Vatican to impress upon bishops and other church leaders -- some of them still skeptical -- the enormity of a crisis that has shaken the faithful.... A lack of forceful action by the Vatican has disheartened and disgusted many victims and their advocates, who are demanding a policy of zero tolerance and dismissal from the clerical state for abusive priests and the bishops who protect them. The issue has drastically devalued the moral authority that is the currency of the clergy and Pope Francis.... On Thursday, addressing the 190 Catholic Church leaders who had gathered from around the world, the pope sought to reassure his flock that 'we hear the cry of the little ones asking for justice.' Still, despite his acknowledgment that people 'expect from us not simple and obvious condemnations, but concrete and effective measures,' he offered remedies that disappointed many victims."

Dave Lawler of Axios: "There's a powder keg on the border of Venezuela and Colombia. In some 36 hours, the Venezuelan opposition, led by National Assembly President Juan Guaidó and forcefully backed by the U.S., plans to light the fuse.... A caravan organized by the opposition set off today for the border, where food and medicine flown in by the U.S. have been stockpiled. Guaidó is vowing to bring the aid into Venezuela on Saturday. President Nicolás Maduro, who insists there is no humanitarian crisis, says he won't let them." --s

Barak Ravid of Axios: "Prime Minister Benjamin Netanyahu succeeded in forming a united ultra right-wing party that will run in the April 9 elections, paving the way for Jewish supremacists from the 'Jewish Power' party to make it into the next Knesset. This is an unprecedented development in Israel's history and is equivalent to a U.S. president cutting a political deal with David Duke, the former KKK leader.... 'Jewish Power' was formed by the followers of Rabbi Meir Kahane, the former leader of the Kach party, which was banned from running in Israel's 1988 elections and designated a terror organization by the Israeli government in 1994.... Inside Likud -- the same party that ostracized Kach and Kahane in 1984 -- there hasn't been even a whiff of criticism over a move designed to get the Israeli equivalents of David Duke into the Knesset." --s ...

... Juan Cole: "Kahanists are not only racists toward Palestinian-Israelis and Arabs in general, and have not only advocated violence toward those groups, but have spoken of assassinating Israeli prime ministers and so are seen as extremists even by some on the Israeli far right. Netanyahu has made a career of excusing his racism by slamming his enemies as terrorists, but in embracing a Kahanist Party he is, many Israelis feel, revealing his true colors as an extremist himself." ...

... Barak Ravid of Axios: "Hours before the registration deadline for Israel's elections, the two main political rivals of Prime Minister Benjamin Netanyahu announced Thursday that they will join forces and merge their parties into a single, centrist party that will run in the April 9 contest." --s

Amanda Billner & Love Liman of Bloomberg: "Scandinavians are taking a hard look at their institutions as allegations of systematic money laundering rock the entire region.... As the investigations pile up, a picture is emerging of a laundering pipeline that allowed crooks in the former Soviet Union to channel their money into the West with the help of Nordic and Baltic banks. The amounts involved are vast, and point to what may be the biggest dirty money scandal ever." --s

Wednesday
Feb202019

The Commentariat -- February 21, 2019

Afternoon Update:

You Won't Be Hearing from Roger Stone Any More. Maybe. Darren Samuelsohn, et al., of Politico: "A federal judge hit Roger Stone with a full gag order on Thursday, several days after the longtime Donald Trump associate posted a photo on Instagram that appeared to threaten the federal judge overseeing his case. Before U.S. District Court Judge Amy Berman Jackson issued her decision, Stone took the stand to offer a formal apology. 'I recognize that I let the court down,' Stone said. 'I let you down. I let myself down. I let my family down. I let my attorneys down. I can only say I'm sorry. it was a momentary lapse in judgment. Perhaps I talk too much.'... 'So thank you, but the apology rings quite hollow,' [the judge] said, adding: 'There's nothing ambiguous about crosshairs.'... 'No, Mr. Stone I'm not giving you another chance,' she said. 'I have serious doubts about whether you've learned any lesson at all. You appear to need clear boundaries,' she added. 'So there they are.'... Stone was already under a partial gag order that allowed the defendant to continue discussing his case so long as he wasn't in the vicinity of the D.C. courthouse."

Julie Brown of the Miami Herald: "A judge ruled Thursday that federal prosecutors -- among them, U.S. Labor Secretary Alexander Acosta -- broke federal law when they signed a plea agreement with a wealthy, politically connected sex trafficker and concealed it from more than 30 of his underage victims. U.S. District Judge Kenneth A. Marra, in a 33-page opinion, said that the evidence he reviewed showed that Jeffrey Epstein had been operating an international sex operation in which he and others recruited underage girls -- not only in Florida -- but from overseas, in violation of federal law.... Instead of prosecuting Epstein under federal sex trafficking laws, Acosta, then the U.S. attorney in Miami, helped negotiate a non-prosecution agreement that gave Epstein and his co-conspirators immunity from federal prosecution. Epstein, who lived in a Palm Beach mansion, was allowed to quietly plead guilty in state court to two prostitution charges and served just 13 months in the county jail. His accomplices, some of whom have never been identified, were never charged."

Jenna Portnoy of the Washington Post: "[Virginia's] Republican-controlled House of Delegates on Thursday killed Democrats' last-ditch efforts to pass the Equal Rights Amendment in the waning days of the legislative session, as advocates promised retribution at the ballot box.... Introduced nearly a century ago by suffragist Alice Paul, the amendment would bar discrimination on account of sex. The lower chamber of the General Assembly has consistently thwarted a campaign by ERA activists to make Virginia the 38th -- and theoretically the last -- state needed to ratify the measure."

Alan Blinder of the New York Times: "Mark Harris, the Republican candidate for Congress in North Carolina whose campaign is at the center of a fraud inquiry, on Thursday called for a new election.... 'It's become clear to me that the public's confidence in the Ninth District's general election has been undermined to an extent that a new election is warranted,' Mr. Harris said to audible gasps in the hearing room in the North Carolina capital. The state board did not immediately rule on Mr. Harris's request, but the five-member panel is now virtually certain to order a new election.... In [calling for a new election], Mr. Harris effectively acknowledged that L. McCrae Dowless Jr., a contractor he personally hired, and a network of employees had compromised the integrity of the vote." ...

     ... Update. Amy Gardner of the Washington Post: "The North Carolina State Board of Elections on Thursday ordered a new election in the 9th Congressional District, ending a dramatic, months-long investigation into allegations of widespread ballot tampering. 'It appears to me the irregularities and improprieties occurred to such an extent that they tainted the results of the entire election and cast doubt on its fairness,' said the board chairman, Bob Cordle, shortly before the five-member panel voted unanimously to throw out the November results between Republican Mark Harris and Democrat Dan McCready."

Sopan Deb & Jack Healy of the New York Times: "Jussie Smollett, upset by his salary and seeking publicity, staged a fake assault on himself a week after writing himself a threatening letter, the Chicago police said Thursday after the 'Empire' actor surrendered to face a charge of filing a false police report. A visibly angry Chicago Police Superintendent Eddie T. Johnson said Mr. Smollett had taken advantage of the pain and anger of racism, draining resources that could have been used to investigate other crimes for which people were actually suffering. 'I just wish that the families of gun violence in this city got this much attention,' he said at a news conference in Chicago."

Andrew Restuccia & Darren Samuelsohn of Politico: "Facing the possible completion of a special counsel investigation that could upend his presidency, Donald Trump is lashing out at everything and everybody -- except his new attorney general, Bill Barr. Trump, who publicly filleted Jeff Sessions for more than a year, has adopted a noticeably friendly tone toward Barr, even as the newly sworn-in attorney general prepares to face ... the culmination of Robert Mueller's Russia probe. 'He's a tremendous man and tremendous person who really respects this country and respects the justice system. So that'll be totally up to him,' Trump said in the Oval Office Wednesday when asked about a new CNN report that Barr is preparing to announce the completion of Mueller's work as soon as next week. Last week, at the close of meandering remarks in the Rose Garden, Trump similarly praised Barr."

That Time Trump Forgot to Be Cruel & Vindictive. Brianna Sacks & Hamed Aleaziz of BuzzFeed News: "Although ... Donald Trump tweeted that he had ordered his administration to cut off disaster aid to wildfire victims in California, federal officials confirmed on Wednesday that they never received any such directive.... 'Billions of dollars are sent to the state of California for forest fires that, with proper forest management, would never happen,' the president tweeted last month. 'Unless they get their act together, which is unlikely, I have ordered FEMA to send no more money. It is a disgraceful situation in lives & money!'... 'We never got any such directive,' Brandi Richard, a FEMA spokesperson, told BuzzFeed News. 'That's evidenced by the fact that work is still being done and we continue to support wildfire survivors across the state.'"

Asawin Suebsaeng of the Daily Beast: "Upon orientation, [White House] interns signed their very own non-disclosure agreements (NDAs), with the envoy of the counsel's office warning them that a breach of the NDA -- blabbing to the media, for instance -- could result in legal, and thus financial, consequences for them. Interns were also told that they would not receive their own copies, these sources said.... To veterans of other administrations, the act of compelling interns to sign these types of NDAs would seem odd, if not downright unenforceable or legally dubious. To this White House, it's standard operating procedure."

... we've had thousands of Americans die year after year after year because of threats crossing our southern border. -- Stephen Miller, senior adviser to President Trump, in an interview with "Fox News Sunday," February 17

... it's an astonishing statement, suggesting that undocumented immigrants kill thousands of Americans every year.... There’s no evidence that thousands of Americans are killed by undocumented immigrants, especially in light of credible studies showing they commit crimes at lower rates than native-born Americans. -- Glenn Kessler of the Washington Post

Alan Gomez of USA Today: "The Trump administration has been blocked from systematically breaking up migrant families, but hundreds of children crossing the border continue to be separated from their parents in a process requiring none of the oversight used to remove children in the United States from their homes, according to a USA TODAY review of the system.... At the border, the removal decision is made solely by U.S. Customs and Border Protection agents in the field. No child welfare specialist is required, and no judge is involved in a decision that cannot be appealed.... [CPB agents often use an exception to the rulings disallowing separations --] when a parent presents a danger to a child.... Immigration attorneys and family law experts say the process being used to separate children, most commonly carried out by CBP agents, has been shrouded in mystery, provides no due process for the parents and is vulnerable to abuse or mistakes."

Richard Oppel of the New York Times: "Federal law bars gun ownership by felons, fugitives, drug abusers, people adjudicated to be mentally ill, those dishonorably discharged from the military or living in the country illegally, and by convicted domestic abusers or others subject to domestic violence restraining orders. But experts say the number of people who are barred from owning guns but have them anyway may reach into the millions.... Only eight states have laws that provide an explicit mechanism so that people suspected of having guns in violation of those prohibitions are actually required to give them up. And some of those states merely allow -- but do not require -- the police to seek a court order to confiscate such guns. That was the case in Illinois, where the authorities knew for more than four years that Gary Martin was a violent felon but apparently did nothing to ensure that he surrendered the laser-sighted Smith & Wesson handgun that he used to kill five co-workers in Aurora, Ill., on Friday.... Only a single state -- California -- has a database dedicated to tracking firearm owners who have lost their right to possess a gun, either because of a new criminal conviction or something else."

*****

The Trump Scandals. Ctd.

Evan Perez, et al., of CNN: "Attorney General Bill Barr is preparing to announce as early as next week the completion of special counsel Robert Mueller's Russia investigation, with plans for Barr to submit to Congress soon after a summary of Mueller's confidential report, according to people familiar with the plans. The preparations are the clearest indication yet that Mueller is nearly done with his almost two-year investigation.... But with ... Donald Trump soon to travel overseas for a summit with North Korean leader Kim Jong Un, Justice officials are mindful of not interfering with the White House's diplomatic efforts, which could impact the timing." ...

... Devlin Barrett, et al., of the Washington Post: "Regulations call for Mueller to submit to the attorney general a confidential explanation as to why he decided to charge certain individuals, as well as who else he investigated and why he decided not to charge those people. The regulations then call for the attorney general to report to Congress about the investigation. An adviser to President Trump said there is palpable concern among the president's inner circle that the report might contain information about Trump and his team that is politically damaging, but not criminal conduct.... [William Barr] has pointed, however, to Justice Department practices that insist on saying little or nothing about conduct that does not lead to criminal charges."

... Marcy Wheeler: "This is happening in the window of time when Rod Rosenstein is still around and -- because William Barr has presumably not been through an ethics review on the investigation -- presumably back in charge of sole day-to-day supervision of the investigation. But it is happening after Barr has been confirmed, and so any problems with the investigation that might stem from having an inferior officer (an unconfirmed hack like the Big Dick Toilet Salesman) supervising Mueller are gone.... Whatever comes next week, people on both sides should accept that it is the outcome of the investigation that Mueller deemed appropriate." ...

... Mrs. McCrabbie: Rachel Maddow, on the other hand, speculated last night that Mueller could be ending his investigation because Bill Barr ordered him to do so. ...

... digby: "It would be terribly ironic if the Mueller report proves that the president of the United States was a dupe and a stooge for a foreign adversary but because he is so dumb he didn't know he was breaking the law so he can't be charged with a crime and therefore the public will never know exactly how he and his henchmen sold out his country through sheer incompetence, greed, arrogance and stupidity. It could happen. And he could even be re-elected."

Trump v. First Amendment. Eileen Sullivan of the New York Times: "President Trump on Wednesday took direct aim at The New York Times, calling the news organization a 'true ENEMY OF THE PEOPLE,' in an escalation from his previous lashings which were typically addressed to a group of news organizations or over specific Times articles.... Mr. Trump does not cite a specific article, but his blunt declaration comes a day after The Times published a report describing how he has tried to influence and undermine investigations surrounding him, his presidential campaign and his administration." (Also linked yesterday afternoon.) ...

... Ken Meyer of Mediaite: "New York Times publisher A.G. Sulzberger is hitting back at ... Donald Trump for attacking the paper as the 'enemy of the people.'... In a statement he released on Wednesday, Sulzberger condemned Trump for diminishing the free press as an institution whenever he demonizes them for asking tough questions and run unflattering coverage on his administration. Sulzberger goes on to say that Trump has every right to critique reporters, but this is different from Trump's attacks on the media, which Sulzberger calls an abandonment of a 'distinctly American principle' to defend the free press." (Also linked yesterday afternoon.)

Trump v. the SDNY. Frank Rich: "Clearly Trump was tardy in realizing what may be the biggest legal threat to his bank account, his family, and himself -- a slew of potential indictments in his hometown that do not require the political act of impeachment to be consummated. Is it any wonder that his Twitter finger has never left his phone since the weekend?" Thanks to MAG for the link.

Josh Gerstein & Andrew Desiderio of Politico: "... Donald Trump’s former personal attorney and fixer Michael Cohen will appear before the House Oversight Committee for a public hearing on Feb. 27, Chairman Elijah Cummings announced Wednesday. The notice came hours after a judge granted Cohen a two-month reprieve on reporting to prison while he continues to recover from shoulder surgery and prepares to testify before a total of three congressional panels.... The Oversight Committee said the scope of Cohen's public testimony would be limited to Trump's 'payoffs, financial disclosures, compliance with campaign finance laws, business practices, and other matters.' The longtime Trump attorney is slated to testify before the House Intelligence Committee the following day behind closed doors. A similar appearance before the Senate Intelligence Committee was postponed earlier this month, with Cohen's lawyers citing his ongoing recovery." ...

... Erica Orden & Kara Scannell of CNN: "A federal judge agreed Wednesday to a two-month delay to the date by which ... Michael Cohen must report to prison. In asking for the postponement, an attorney for Cohen said in a court filing that his client required more time to cope with both recovery from a recent surgical procedure and to prepare for expected testimony before three congressional committees. Cohen had been scheduled to report to prison on March 6. US District Court Judge William Pauley on Wednesday granted him an extension to May 6."


Russ Choma
of Mother Jones: "President Donald Trump's sons announced Thursday that they were shelving plans to open two chains of lower-end hotels and motels, blaming Democrats and journalists on their failure to get the new brands off the ground. But there's a likelier explanation for their struggles, and it has to do with their dad.... Fresh evidence of the Trump Organization's financial conundrum came last week with news that in the midst of his 2016 presidential campaign, Trump sought out Deutsche Bank for a loan.... He didn't get the loan.... [W]ith a brutally expensive 2020 race looming and with no major real estate sales, no new Deutsche Bank cash, no new big franchise fees from overseas hotels, and now no new smaller franchise fees for downmarket chains, Trump may be beginning to worry about his finances more. As he groused to the New York Times last week, 'I lost massive amounts of money doing this job. This is not the money. This is one of the great losers of all time.'" --s ...

     ... Mrs. McCrabbie: We've long known that nothing is Donald Trump's fault. Good to know that nothing is Donnie's or Eric's fault, either. The Democrats did it??? Puh-leze.

Zoe Tillman of BuzzFeed News: "A former Trump campaign staffer filed a class action Wednesday seeking to invalidate all of the nondisclosure and nondisparagement agreements that the Trump campaign required all staffers to sign. The claims brought by former campaign staffer Jessica Denson represent the broadest attack to date on the Trump campaign's practice of having staffers, volunteers, and contractors sign agreements barring them from ever publicly criticizing Trump, his company, or his family, and from disclosing private or confidential information."

Breathe Deeply -- Carbon Emissions Are Good for You. Juliet Eilperin & Missy Ryan of the Washington Post: "The White House is working to assemble a panel to assess whether climate change poses a national security threat, according to documents obtained by The Washington Post, a conclusion that federal intelligence agencies have affirmed several times since President Trump took office. The proposed Presidential Committee on Climate Security, which would be established by executive order, is being spearheaded by William Happer, a National Security Council senior director. Happer, an emeritus professor of physics at Princeton University, has said that carbon emissions linked to climate change should be viewed as an asset rather than a pollutant. The initiative represents the Trump administration's most recent attempt to question the findings of federal scientists and experts on climate change and comes less than three weeks after Director of National Intelligence Daniel Coats delivered a worldwide threat assessment that identified it as a significant security risk." (Also linked yesterday afternoon.)

E.A. Crudnen of ThinkProgress: "New data analysis shows that the government accepted 260 oil and gas drilling permit applications during the partial government shutdown last month, even as federal agencies suffered severe staffing shortages at all levels. Those findings shed more light on the extent to which the Interior Department (DOI) favored the oil and gas industry over public lands protection during the longest government shutdown in history[.]" --s

Heather Caygle & Sarah Ferris of Politico: "Speaker Nancy Pelosi is throwing her muscle behind a legislative effort to block ... Donald Trump's national emergency declaration, the first formal step to counter Trump and squeeze Republicans on the border wall. Democrats will introduce legislation Friday to terminate the emergency proclamation and Pelosi is urging House colleagues on both sides of the aisle to support the resolution, according to a letter obtained by Politico on Wednesday.... 'The President's decision to go outside the bounds of the law to try to get what he failed to achieve in the constitutional legislative process violates the Constitution and must be terminated,' she[wrote]."

Lindsey Lost It. Courtney Kube & Carol Lee of NBC News: "Acting Secretary of Defense Patrick Shanahan clashed with Sen. Lindsey Graham over the administration's Syria policy during a briefing last weekend, prompting Graham to unleash a string of expletives and declare himself Shanahan's 'adversary,' according to two officials in the briefing and three others familiar with the conversation.... Tensions escalated after Graham pointedly asked Shanahan for his opinion on Trump's decision to leave Syria, and the acting secretary refused to condemn it.... The contentious briefing on the sidelines of the Munich Security Conference rankled the bipartisan group of lawmakers and cast doubt over Shanahan's chances of being confirmed if ... Donald Trump nominates him to permanently lead the Pentagon, the officials said. The episode highlighted Shanahan's increasingly strained relationship with Capitol Hill two months after his predecessor, Jim Mattis, stepped down." ...

     ... Mrs. McCrabbie: It's fine to "vehemently disagree" with a Cabinet officer. It is not fine to swear at him. It seems Lindsey has control issues.

Adam Liptak of the New York Times: "Siding with a small time drug offender in Indiana whose $42,000 Land Rover was seized by law enforcement officials, the Supreme Court on Wednesday ruled that the Constitution places limits on civil forfeiture laws that allow states and localities to take and keep private property used to commit crimes.... Justice Ruth Bader Ginsburg, writing for eight justices, said the question was an easy one. 'The historical and logical case for concluding that the 14th Amendment incorporates the Excessive Fines Clause is overwhelming,' she wrote." (Also linked yesterday afternoon.)

Matthew Rodriguez of Out Magazine: "The Trump administration is set to launch a global campaign to decriminalize homosexuality in dozens of nations where anti-gay laws are still on the books, NBC News reported Monday. While on its surface, the move looks like an atypically benevolent decision by the Trump administration, the details of the campaign belie a different story. Rather than actually being about helping queer people around the world, the campaign looks more like another instance of the right using queer people as a pawn to amass power and enact its own agenda.... [Ambassador Richard] Grennell's sudden interest in Iran's anti-gay laws is strikingly similar to Trump's rhetoric after the 2016 Pulse massacre in Orlando, Florida. After the deadly shooting, Trump used the 49 deaths as a way to galvanize support for an anti-Muslim agenda rather than find a way to support LGBTQ+ people." (Also linked yesterday afternoon.)

Margaret Sullivan of the Washington Post slams CNN's hiring of former Jeff Sessions flak Sarah Isgur. "This is the same CNN, under the same leadership, that in 2016 hired the bullying and ultra-partisan Corey Lewandowski as a commentator after Trump fired him as campaign manager. It's the same CNN that this month inexplicably and foolishly gave Starbucks founder Howard Schultz a prime-time 'town hall' event to promote his scattered notions of a run as an independent 2020 presidential candidate. That Trump has spent the past two years mocking and endangering CNN's journalistic staff makes Isgur's hiring even more incomprehensible -- and insulting.... Far from being reformed from a time when it aired Trump rallies live during the 2016 primary season and let the candidate call in by phone to comment on this and that, CNN seems to be doubling down on a ratings-first, fair-in-name-only approach to politics." (Also linked yesterday afternoon.)

Presidential Race 2020. The Bern Is Back. David Wright of CNN: "Bernie Sanders raised nearly $6 million in the 24 hours following his 2020 presidential campaign launch, his campaign said Wednesday, a record-smashing debut that easily outstripped his Democratic rivals. Sanders raised $5,925,771 from 223,047 individual contributors across all 50 states in the campaign's first 24 hours, and more than $6 million from 225,000 individuals in total since the launch. And Sanders' campaign also noted that the average contribution was $27, 'mirroring [Sanders'] 2016 campaign's average donation,' a symbolic reflection of the Vermont senator's grassroots support that was key to his anti-establishment bid against Hillary Clinton." (Also linked yesterday afternoon.)

2018 Congressional Election. Emily Singer of Shareblue: "North Carolina Republican Mark Harris -- who is under investigation for election fraud during his 2018 congressional campaign -- was personally warned [by his son John] that a consultant he was thinking of hiring had a history of carrying out massive election fraud. Harris went ahead and hired him anyway. That revelation came Wednesday during what's now been a 3-day hearing by the North Carolina State Board of Elections, which is probing the alleged fraud and whether it warrants a do-over election in North Carolina's competitive 9th District.... John [Harris] testified before the NCSBOE, that he told his dad and his dad's campaign consultant Andy Yates that he warned his dad about hiring McCrae Dowless, who appeared to be part of another election fraud scandal in 2016. Yet [Mark] Harris went ahead and hired Dowless -- who is now accused of illegally harvesting absentee ballots for Harris' 2018 bid." ...

... Alan Blinder of the New York Times: "With a congressional seat now in the balance, sworn testimony this week in the North Carolina capital has illuminated the inner workings of Mr. Dowless's precise but amateurish operation, an almost fly-by-night enterprise that paid about $3 for every collected absentee ballot request and $2.50 for each collected absentee ballot. The scheme has called into question whether Mark Harris, the Republican candidate, really outpolled his Democratic opponent, Dan McCready. Witnesses have described a scheme that was at once on the books and under the radar, and a network filled not with seasoned, ideological activists, but with acquaintances and relatives of Mr. Dowless who needed cash and asked few questions."

Lynh Bui of the Washington Post: "A U.S. Coast Guard lieutenant and self-identified white nationalist was arrested after federal investigators uncovered a cache of weapons and ammunition in his Maryland home that authorities say he stockpiled to launch a widespread domestic terrorist attack targeting politicians and journalists. Christopher Paul Hasson called for 'focused violence' to 'establish a white homeland' and dreamed of ways to 'kill almost every last person on earth,' according to court records filed in U.S. District Court in Maryland. Though court documents do not detail a specific planned date for an attack, the government said he had been amassing supplies and weapons since at least 2017, developed a spreadsheet of targets that included House Speaker Nancy Pelosi (D-Calif.) and searched the Internet using phrases such as 'best place in dc to see congress people' and 'are supreme court justices protected.'"

     Mrs. McC: Also on the hit list, Chuck Schumer, Kamala Harris, Maxine Waters, & other well-known Democrats & MSNBC & CNN personalities. One search Harris made last month were "what if trump illegally impeached" & "civil war if trump impeached". ...

     ... The government's "detention memo," which lays out evidence against Hasson, is here. It's chilling.

Luke Barnes of ThinkProgress: "The number of hate groups in the United States has surged to an all-time high, according to a new report from the Southern Poverty Law Center (SPLC), with numbers rising for the fourth year in a row. The SPLC's annual Year in Hate and Extremism report, released Wednesday, recorded 1,020 hate groups in the United States in 2018. That figure includes neo-Nazis, white nationalists, and anti-government extremists, and represents a rise of seven percent from 2017.... The SPLC's concerns are backed up by another report on far right violence released by the Anti-Defamation League (ADL) in January. According to that report, almost every extremist-related murder committed in the United States in 2018 was carried out by an individual who was either directly linked or affiliated with the far right. In the lone exception, the perpetrator was affiliated with the far right before switching over to Islamic extremism just prior to carrying out a murder." --s

Eli Rosenberg of the Washington Post: "... this week snippets of an old interview [the actor John Wayne] did with Playboy magazine, in which he expressed racist and homophobic sentiments and railed against socialism, began circulating on Twitter. A tweet with portions of the interview sent Sunday night from a screenwriter in Tennessee went viral -- and, with that, Wayne's politics were news again. In the 1971 interview, Wayne railed against 'perverted films,' giving the interviewer, Richard Warren Lewis, two examples when asked: 'Easy Rider' and 'Midnight Cowboy.' The actor described the characters in the latter film with a homophobic slur, then went on to extol the virtues of sexual intercourse between men and women. 'I believe in white supremacy,' he said, and spoke harshly about African Americans, saying,'We can't all of a sudden get down on our knees and turn everything over to the leadership of the blacks.'... 'I don't feel guilty about the fact that five or 10 generations ago these people were slaves,' he said. 'Now, I'm not condoning slavery. It's just a fact of life, like the kid who gets infantile paralysis and has to wear braces so he can't play football with the rest of us.'... I don't feel we did wrong in taking this great country away from [Native Americans]...,' Wayne said. 'Our so-called stealing of this country from them was just a matter of survival. There were great numbers of people who needed new land, and the Indians were selfishly trying to keep it for themselves.'" ...

... Heavy has the transcript of the Playboy interview.

Beyond the Beltway

Illinois. Ray Sanchez, et al., of CNN: "'Empire' actor Jussie Smollett was 'officially classified' a suspect in a criminal investigation Wednesday for allegedly filing a false police report, according to a tweet from Chicago police spokesman Officer Anthony Guglielmi. A Cook County grand jury was hearing evidence just weeks after the young actor reported being the victim of a hate crime on January 29, the police spokesman said. Filing a false police report is a Class 4 felony. Smollett's transformation from victim to suspect in a reported crime that captured national headlines came on the same day that a high-ranking police source said Chicago detectives were working to obtain the actor's financial records." ...

     ... Update. AP: "'Empire' actor Jussie Smollett was charged Wednesday with making a false police report when he said he was attacked in downtown Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, police said. Police spokesman Anthony Guglielmi said prosecutors charged Smollett with felony disorderly conduct, an offense that could bring one to three years in prison and force the actor to pay for the cost of the investigation into his report of a Jan. 29 beating.... The charges emerged on the same day that detectives and two brothers who were earlier deemed suspects testified before a grand jury."

Virginia. Steven Shepard of Politico: "Virginia Gov. Ralph Northam appears to have quelled any widespread public clamor for his resignation in the wake of his blackface scandal. Two new polls out Wednesday show pluralities say the Democrat should not quit or be forced out over a racist photo that appeared on his medical-school yearbook page 35 years ago. Most African-American voters agree that he shouldn't go, according to one of the surveys.... Northam's position has ... been reinforced by the controversies around [Lt. Gov. Justin] Fairfax and [AG Mark] Herring -- the two men next up in Virginia's line of succession for governor." (Also linked yesterday afternoon.)

Way Beyond

Nicholas Casey & Jenny González of the New York Times: "The economic crisis that has engulfed Venezuela under President Nicolás Maduro has set off a staggering exodus. The economic damage is among the worst in Latin American history, researchers say, with more than three million people leaving the country in recent years -- largely on foot."

News Lede

New York Times: "Peter Tork, a struggling musician who became an overnight teenage idol in the 1960s with died on Thursday at a family home in eastern Connecticut. He was 77."