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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


Monday
Dec102018

The Commentariat -- December 11, 2018

Late Morning/Afternoon Update:

"Trump Shutdown." Julie Davis & Michael Tackett of the New York Times: "President Trump on Tuesday vowed to block full funding for the government if Democrats refuse his demand for a border wall, saying he was 'proud to shut down the government for border security' -- an extraordinarily statement that came during a televised altercation with Democratic congressional leaders. 'If we don't have border security, we'll shut down the government -- this country needs border security,' Mr. Trump declared in the Oval Office, engaging in a testy back-and forth with Senator Chuck Schumer of New York and Representative Nancy Pelosi of California. 'I will take the mantle. I will be the one the shut it down. I'm not going to blame you for it,' Mr. Trump added, insisting on a public airing of hostilities even as the Democrats repeatedly asked him to keep their negotiating disputes private.... Ms. Pelosi ... appeared to trigger the president's temper when she raised the prospect of a 'Trump shutdown' over what she characterized as an ineffective and wasteful wall." ...

... Donnie argues with Chuck & Nancy. You can skip the first 5-1/2 minutes, which Big Fat Pinnochio lies his way through. Thanks to Jeanne for the lead:

... Aaron Blake of the Washington Post has the transcript, annotated.

Julie Davis of the New York Times: "President Trump hinted on Tuesday that he may be willing to forego a Christmastime shutdown battle with Democrats over his demands for billions of dollars for his border wall, hours before a meeting with Democratic congressional leaders aimed at breaking a year-end spending impasse. In a series of morning tweets ahead of a scheduled meeting in the Oval Office with Senator Chuck Schumer of New York and Representative Nancy Pelosi of California, Mr. Trump falsely stated that substantial sections of the 'Great Wall' on the southwestern border that he has long championed have already been completed, and he suggested that his administration could continue construction whether Democrats fund it or not. That would be illegal, but it suggested that he was looking for a way to keep the government funded past Dec. 21, even if Democrats balk at wall funding.... The president does not have the legal authority to spend money appropriated for one purpose on another task, such as wall-building."

Nicholas Fandos of the New York Times: "Reversing course, Senator Mitch McConnell of Kentucky said on Tuesday that the Senate would vote on a substantial criminal justice bill before the end of the year, teeing up a bipartisan policy achievement that has eluded lawmakers for years. Advocates of the prison and sentencing law changes on Capitol Hill and in the White House have spent weeks lobbying Mr. McConnell, who controls the Senate calendar. They had the backing of President Trump, who endorsed the bill last month and urged Mr. McConnell in recent days to 'Go for it Mitch!' Mr. McConnell had repeatedly said that there was probably not enough time to consider the measure, and Republican leaders maintained as recently as a few days ago that the bill did not have the support of the majority of Republicans. Mr. McConnell made clear on Tuesday that the Senate was considering the legislation 'at the request of the president' and said that debate could begin later this week."

Charles Pierce: Clarence Thomas, in his dissenting opinion in the Medicaid cases (see related stories linked below) "went zooming off into the fever swamp to find a rationale...: ... these particular cases arose after several States alleged that Planned Parenthood affiliates had, among other things, engaged in 'the illegal sale of fetal organs' and 'fraudulent billing practices,' and thus removed Planned Parenthood as a state Medicaid provider.'... [Thus,] a veteran justice of the Supreme Court, as part of the reasoning for his dissent, has included a debunked smear emanating from the most notorious ratfcking operation in the professional conservative ratfcking apparatus."

Jason Silverstein of CBS News: "A former Baylor University frat president who was indicted for allegedly sexually assaulting a fellow student will not serve jail time or register as a sex offender under a plea deal accepted by a Texas court on Monday, CBS affiliate KWTX-TV reports. A judge in Waco, Texas, accepted the deal and sentenced Jacob Walter Anderson, 24, to three years of deferred probation. Anderson must also pay a $400 fine and seek counseling. His criminal record will be expunged if and when he completes probation. In a tearful statement to the court, Anderson's accuser said she was devastated by the decision to 'let my rapist go free.'... In a statement to CBS News, Assistant District Attorney Hilary LaBorde defended Anderson's sentence and said the public didn't know all the facts that led to it. 'Conflicting evidence and statements exist in this case making the original allegation difficult to prove beyond a reasonable doubt,' LaBorde said."

*****

** Paul Krugman: "... not a single prominent Republican in Washington has condemned the power grab in Wisconsin, the similar grab in Michigan, or even what looks like outright electoral fraud in North Carolina.... The G.O.P., as currently constituted, is willing to do whatever it takes to seize and hold power. And as long as that remains true, and Republicans remain politically competitive, we will be one election away from losing democracy in America."

Brett Samuels of the Hill: "President Trump on Tuesday pushed back on reports that he's had difficulty finding candidates interested in serving as his next chief of staff.... 'Many, over ten, are vying for and wanting the White House Chief of Staff position,' Trump wrote. 'Why wouldn't someone want one of the truly great and meaningful jobs in Washington.' The president accused the 'fake news' of getting the story 'purposely wrong.'... Multiple news reports in the last 24 hours have portrayed Trump as scrambling to find his next chief of staff after the presumptive favorite for the position, Nick Ayers, said he would not be taking the job. Sources told The Hill there was no clear plan B after Ayers, currently Vice President Pence's top aide, dropped out." ...

     ... Mrs. McCrabbie: I gather from Trump's tweet that he is limiting chief-of-staff job applicants to people over the age of ten. Good idea.

3 Chief of Staffs in less than 3 years of being President: Part of the reason why @BarackObama can't manage to pass his agenda. -- Donald Trump, in a tweet, January 10, 2012 ...

Obama did have unusually high chief of staff turnover during his first term.... But Trump is still burning through chiefs of staff faster than Obama. -- Dara Lind of Vox, December 8, 2018 ...

... Everything Is Going Very Smoothly. Kaitlan Collins of CNN: "Trump is now embarking on a hasty search for a new chief of staff with no obvious choice in mind.... [Nick Ayers] and Trump huddled several times over the last week in the residence of the White House..., but they ultimately could not agree to terms [under which Ayers would become chief of staff,] and Ayers declined the job. Multiple sources familiar with Trump's mood told CNN he's frustrated with the Ayers process. One source described his mood as 'super pissed.' A second added he feels humiliated..., because the President did not have a backup candidate prepared.... Trump predicted Ayers would budge on his demand to be chief of staff on an interim basis, with a set departure date of this spring, and was not prepared with a second option." ...

     ... Mrs. Bea McCrabbie: You mean the fake author of The Art of the Deal can't outmaneuver a relatively unknown staffer half his age? ...

... Gabriel Sherman of Vanity Fair reports on how smoothly this all went down. Amusing. Here are some excerpts: "'It got back to Trump that Kelly was bad-mouthing him and Trump had decided he&'d had enough. His attitude was, "fuck him,"' [a source] told me.... After weeks of lobbying by Ivanka Trump and Jared Kushner, Trump had been convinced that Mike Pence's 36-year-old chief of staff, Nick Ayers, was the best candidate. On Friday afternoon, Trump met with Ayers, Pence, and Kelly and finalized the transition.... A press release announcing Ayers's hiring was reportedly drafted and ready to go for when Trump planned to announce Kelly's departure on Monday. But Trump's frustration with Kelly boiled over after Kelly pressed him to name his deputy Zachary Fuentes interim chief of staff. 'Trump didn't like how Kelly was trying to dictate the terms of his departure,' a Republican briefed on the discussions told me. Trump blew up the carefully orchestrated announcement and told reporters on Saturday as he walked to Marine One that Kelly would be leaving by the end of the year. 'John wanted to announce his own departure. This was a humiliation,' a former West Wing official said." And so on. ...

... Rahm Emanuel in the Atlantic: "Kelly's replacement won't really be the chief of staff, even if that's what it says on his door; Trump is unwilling to give anyone the authority needed to perform that job. But with Trump unlikely to choose the chief of staff he needs for this moment, what's important is that the next chief of staff be unusually good at protecting the rest of us from the president's penchant for self-destruction." ...

... "Whatever." Matt Yglesias of Vox: "No person's entire career can be summed up in a single quote. But ousted White House Chief of Staff John Kelly's defense to the charge that the Trump administration's child separation policy at the border was cruel deserves to be etched into his tombstone. 'The children,' he said, 'will be taken care of -- put into foster care or whatever.' That is roughly the degree of thoughtfulness and consideration that was put into the policy. And it properly reflects Kelly's true legacy as chief of staff.... The emphasis on times when Kelly could rein in Trump ignores the extent to which the two men were genuinely like-minded, and the many crucial moments where Kelly exacerbated Trump's worst instincts." (Also linked yesterday afternoon.)

This Russia Thing, Etc., Ctd.

Jim Acosta of CNN: "... Donald Trump has expressed concern that he could be impeached when Democrats take over the House, a source close to the President told CNN Monday. The source said Trump sees impeachment as a 'real possibility.' But Trump isn't certain it will happen, the source added."

Michelle Goldberg: "The 2020 presidential election was always going to be extraordinarily ugly, but one can only imagine what Trump will do if the alternative to the White House is the big house. 'It's dangerous,' said [Rep. Eric] Swalwell [D-Cal.], who worries that Trump could become even more erratic, making decisions to save himself that involve 'our troops or internal domestic security.'"

Greg Sargent: "The connecting thread in much of what we've learned as part of the latest round of revelations [from federal prosecutors] is that Trump likely has now defrauded the American electorate in not one, but two, ways. First, via these hush-money payments. And second, by concealing his ongoing negotiations with Russia over a real estate project that promised to be extremely lucrative -- during the very period in which GOP primary voters were choosing their presidential nominee. In both these cases, Trump has now justified this apparent deception by claiming that they were private transactions. In other words, Trump is explicitly saying that because these were private, keeping them concealed from voters was perfectly defensible.... He sees no problem with massively defrauding the voters by denying them information.... This isn't a defense. It's yet another admission of the degree to which he's placing his own interests before those of the country -- an admission, that is, of the depths of his own corruption."

Marshall Cohen of CNN: "At least 16 associates of Donald Trump had contacts with Russians during the 2016 campaign or transition, according to public statements, court filings, CNN reporting, and reporting from other news outlets." (Also linked yesterday afternoon.)

GOP Profiles in Courage. Adam Raymond of New York: "On Friday, the Department of Justice called Donald Trump a felon.... On Monday, Senate Republicans had their chance to weigh in.... 'The Democrats will do anything to hurt this president,' Utah Senator Orrin Hatch told CNN.... When reporter Manu Raju reminded Hatch that it is not the Democrats, but the Southern District of New York, making the allegations, Hatch said, 'I don't care, all I can say is he's doing a good job as president.'... South Dakota Senator John Thune's argument ... is that campaign finance violations are not a big deal.... Senator Chuck Grassley meanwhile questioned if the allegations against Trump can even be believed.... Louisiana Senator John Kennedy echoed that argument, impugning [Michael] Cohen and questioning the willingness of prosecutors to believe him." --s ...

... MEANWHILE. Forty-four Former U.S. Senators, in a Washington Post op-ed: "As former members of the U.S. Senate, Democrats and Republicans, it is our shared view that we are entering a dangerous period, and we feel an obligation to speak up about serious challenges to the rule of law, the Constitution, our governing institutions and our national security. We are on the eve of the conclusion of special counsel Robert S. Mueller III's investigation and the House's commencement of investigations of the president and his administration. The likely convergence of these two events will occur at a time when simmering regional conflicts and global power confrontations continue to threaten our security, economy and geopolitical stability.... At other critical moments in our history, when constitutional crises have threatened our foundations, it has been the Senate that has stood in defense of our democracy. Today is once again such a time."

Rosalind Helderman & Spencer Hsu of the Washington Post: "Maria Butina, a Russian gun rights activist, is poised to plead guilty in a case involving accusations that she was working as an agent for the Kremlin in the United States, according to a new court filing. Attorneys for Butina and federal prosecutors jointly requested in court documents Monday that U.S. District Judge Tanya S. Chutkan set a time for Butina to withdraw her previous plea of not guilty. They said they could be available for her to enter her plea as early as Tuesday. 'The parties have resolved this matter,' Butina's lawyers and D.C.-based prosecutors wrote in their joint filing." (Also linked yesterday afternoon.)

Anna Nemtsova of The Daily Beast: "Often dubbed 'Putin's chef' because of the enormous catering contracts on which he built his fortune, Yevgeny Prigozhin is the central figure in ... Mueller['s] indictment.... He is also the alleged money man behind the Federal News Agency, known by the Russian acronym FAN, which wages information war by other means, specifically by pretending to be a legitimate source of solid reporting.... FAN['s] unabashed aim is to propagate a semblance of news that supports the Putin government.... Earlier this year Facebook shut down the agency's accounts, which infuriated FAN's managers and inspired them to take the conflict to the enemy.... The Russian information soldiers moved to Washington, physically. On Friday, The Daily Beast spoke with FAN's general director, Yevgeny Zubarev, about that strategy." --s

Nancy LeTourneau of the Washington Monthly: In House testimony last week, Jim Comey "indicated that an investigation had been launched into the leaks that were coming from the FBI's New York field office during the 2016 presidential campaign. According to a report from Reuters in April 2018, the Inspector General planned to release the results of his investigation last May. But so far, we've seen nothing. On Monday, Citizens for Responsibility and Ethics in Washington (CREW) announced that they are suing the FBI for documents related to that investigation.... While it is important to investigate all of the ways that Russia attempted to influence the 2016 presidential election and to what extent the Trump campaign conspired with them to do so, it is also clear that rogue agents in the FBI's New York field office played a significant role in electing Donald Trump due to their extreme anti-Clinton bias. We need to get to the bottom of that one too."


AP: "... Donald Trump says the military will build his promised border wall 'if Democrats do not give us the votes to secure our Country.' Trump tweets Tuesday that immigration and border patrol agents and the military have done a 'FANTASTIC' job securing the border with Mexico. But Trump says 'A Great Wall' would be a 'far easier & less expensive solution.' He claims Democrats don't want border security for 'strictly political reasons.'" Thanks to Ken. W. for the lead.

Lolita Baldor of the AP: "The U.S. this week will begin withdrawing many of the active duty troops sent to the border with Mexico by ... Donald Trump just before the midterm election in response to a caravan of Central American migrants, U.S. officials said Monday. About 2,200 of the active duty troops will be pulled out before the holidays, the officials said, shrinking an unusual domestic deployment that was viewed by critics as a political stunt and a waste of military resources. That will leave about 3,000 active duty troops in Texas, Arizona and California, mainly comprised of military police and helicopter transport crews who are assisting border patrol agents. There also will still be about 2,300 members of the National Guard who were sent to the border region as part of a separate deployment that started in April." Mrs. McC: So no wall, no soldiers to protect from the invading hordes.

The Trumpiefenokee Swamp

Trump's Cronies Rake in $$$ from Sanctioned Nations. Ken Vogel of the New York Times: "As President Trump's administration has increasingly turned to sanctions, travel restrictions and tariffs to punish foreign governments as well as people and companies from abroad, targets of those measures have turned for assistance to Washington's K Street corridor of law, lobbying and public relations firms. The work can carry reputational and legal risks, since clients often come with toxic baggage and the United States Treasury Department restricts transactions with entities under sanctions. As a result, it commands some of the biggest fees of any sector in the influence industry. And some of the biggest payments have been going to lobbyists, lawyers and consultants with connections to Mr. Trump or his administration." Like Rudy Giuliani & Alan Dershowitz. The pay-for-play culture "has been encouraged, they say, by the willingness projected by Mr. Trump and his team to make deals around sanctions and tariffs exemptions. Previous administrations had worked to wall off politics from those processes, which are supposed to be overseen primarily by career officials and governed by strict legal analyses." Mrs. McC: Trump has engineered quite a nifty scam here.

David Cay Johnston of DCReport: "The Trump Administration hid a study documenting financial abuse of students by some banks working hands-in-glove with colleges, the latest example of how instead of 'draining the swamp' Donald Trump is turning official Washington into a paradise for swamp monsters. The suppressed fee gouging report was made by the Consumer Financial Protection Bureau or CFPB. Students attending colleges which have marketing agreements with banks and other financial institutions paid much higher overdraft and account fees than students at schools with no such deals, the study found.... We know of the study only because it was mentioned last August in a scathing resignation letter by Seth Frotman, a CFPB assistant director and student loan ombudsman.... The study was pried loose by Allied Progress through the Freedom of Information Act[.]" --s


Reuters: "The Trump administration is expected to propose weakening protections for U.S. wetlands on Tuesday, in a move sought by ranching and mining interests but one that will likely be held up in the courts amid opposition from environmentalists. The U.S. Environmental Protection Agency (EPA) will make a water policy announcement at 11:25 Eastern Time (1625 GMT), the agency said without elaborating." --s

Brad Plumer & Lisa Friedman of the New York Times: "Trump administration officials at high-stakes climate talks [in Poland] offered an unapologetic defense of fossil fuels on Monday, arguing that a rapid retreat from coal, oil and gas was unrealistic. While that stance brought scorn from environmentalists and countries that favor stronger action to fight global warming, there are signs that the administration is finding a receptive audience among other major fossil-fuel producers, including Russia, Saudi Arabia and Australia.... The [U.S.] public endorsement of fossil fuels came two days after the Trump administration helped to block the United Nations climate conference from embracing the findings of a major scientific report on global warming. It amounted to what might be the most dramatic show of disdain for the Paris Agreement on reducing greenhouse emissions -- at a gathering meant to establish a set of rules for implementing the deal -- since President Trump announced that the country would abandon the pact. The United States -- along with Saudi Arabia, Kuwait and Russia -- refused to allow a collective statement that would 'welcome' the report...."

Alan Pyke of ThinkProgress: "After attracting more scandals in 18 months than his four predecessors managed in 16 years, Interior Secretary Ryan Zinke quietly shut the door to further public scrutiny of his office over the Thanksgiving break. The secretary gave control of incoming Freedom of Information Act (FOIA) requests to former Koch Industries adviser and longtime Zinke consigliere Dan Jorjani.... Zinke's move on the Tuesday before Thanksgiving is best understood as a reshuffling of his resources, from attack to defense.... [Previously] Jorjani wrote to a colleague that Interior staffers' primary responsibility is to protect Zinke from negative press. He will now be the central gatekeeper of the agency's documents when journalists, watchdogs, and other citizens seek insight into the conduct of their government." --s

Richard Partington of the Guardian: "The storm clouds of the next global financial crisis are gathering despite the world financial system being unprepared for the next downturn, the deputy head of the International Monetary Fund has warned. David Lipton, the first deputy managing director of the IMF, said that 'crisis prevention is incomplete' more than a decade on from the last meltdown in the global banking system.... Lipton said individual nation states alone would lack the firepower to combat the next recession, while calling on governments to work together to tackle the issues that could spark another crash." --s

"Paul Ryan's Long Con." Ezra Klein of Vox: "Ryan's reputation was built on the back of his budgets: draconian documents that gutted social spending, privatized Medicare, and showed the Republican Party had embraced the kinds of hard fiscal choices that [George W.] Bush had sloughed off. And Ryan presented himself as the wonkish apostle of this new GOP.... For this, Ryan was feted in Washington society.... But to critics like the New York Times's Paul Krugman, Ryan was an obvious con man weaponizing the deficit to hamstring Obama's presidency, weaken the recovery, and snooker Beltway centrists eager to champion a reasonable-seeming Republican.... Now, as Ryan prepares to leave Congress, it is clear that his critics were correct and a credulous Washington press corps -- including me -- that took him at his word was wrong. In the trillions of long-term debt he racked up as speaker, in the anti-poverty proposals he promised but never passed, and in the many lies he told to sell unpopular policies, Ryan proved as much a practitioner of post-truth politics as Donald Trump."

Robert Barnes of the Washington Post: "The U.S. Supreme Court declined Monday to review lower court decisions that blocked efforts in two states to cut off public funding for Planned Parenthood, refusing for now to get involved in state battles over abortion rights. The cases did not touch on abortion itself, but three justices who said the court should have accepted the cases said that was the reason the court declined to get involved. 'What explains the court's refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named "Planned Parenthood,"' Justice Clarence Thomas wrote.... Thomas was joined in his opinion by fellow conservative justices Samuel A. Alito Jr. and Neil M. Gorsuch.... The court's action showed a split among the panel's conservatives, and might indicate a reluctance by the majority to take on controversial cases at a time when the Supreme Court is in the political spotlight.... It takes four justices to accept a case...." (Also linked yesterday afternoon.) ...

... Irin Carmon of New York: No, Brett Kavanaugh is not a stealth liberal likely to uphold reproductive rights. "... the two cases the court declined to hear involve interpretations of Medicaid law, not the right to access an abortion or how states can regulate it.... While it is true that these cases aren't technically abortion cases in the jurisprudential sense, I'll give [Justice] Thomas this: They're freighted with abortion politics.... In the end, the decision by Kavanaugh -- particularly so soon after being the subject of sexual-assault allegations -- and [Chief Justice] Roberts not to wade into this particular muck may mean nothing more than the fact that one or both of them would prefer a different battle. But when it comes to this Supreme Court, even a less-bad day is a good one."

Sarah Smith of the Fort Worth, Texas, Star-Telegram: "For decades, women and children have faced rampant sexual abuse while worshiping at independent fundamental Baptist churches around the country. The network of churches and schools has often covered up the crimes and helped relocate the offenders, an eight-month Star-Telegram investigation has found. More than 200 people -- current or former church members, across generations -- shared their stories of rape, assault, humiliation and fear in churches where male leadership cannot be questioned.... The Star-Telegram discovered at least 412 allegations of sexual misconduct in 187 independent fundamental Baptist churches and their affiliated institutions, spanning 40 states and Canada."

Eun Kyung Kim of NBC News: "A group of journalists whose work has landed them in jail -- or cost them their lives — have been named Time's Person of the Year for 2018. 'Like all human gifts, courage comes to us at varying levels and at varying moments,' the magazine's editor-in-chief Edward Felsenthal wrote in an essay about the selection. 'This year we are recognizing four journalists and one news organization who have paid a terrible price to seize the challenge of this moment: Jamal Khashoggi, Maria Ressa, Wa Lone and Kyaw Soe Oo and the Capital Gazette of Annapolis, Md.... They are representative of a broader fight by countless others around the world -- as of Dec. 10, at least 52 journalists have been murdered in 2018 -- who risk all to tell the story of our time.'... The magazine revealed its choice of 'The Guardians and the War on Truth' on Tuesday on TODAY, along with the four magazine covers featuring Khashoggi, Ressa, the Gazette staff and the wives of Wa Lone and Kyaw Soe Oo.'... Editors named [Donald] Trump as this year's runner up, citing 'a crowning irony' to the president's influence. 'His ultimate impact may be determined as much by the resistance he engenders as by the goals he pursues,' the magazine said.... Following close behind as the third runner-up was Trump's nemesis and the frequent subject of his anger on Twitter: Robert Mueller, the special counsel heading the investigation into Russia's meddling into the 2016 presidential election."

Robert McFadden of the New York Times: "Rosanell Eaton, a resolute African-American woman who was hailed by President Barack Obama as a beacon of civil rights for her role as a lead plaintiff in a lawsuit against a restrictive North Carolina voting law that reached the Supreme Court in 2016, died on Saturday in Louisburg, N.C. She was 97.... Caught up as a witness to history in one of the nation's major controversies, Ms. Eaton, an obscure civil rights pioneer in her younger years, became a cause célèbre after Mr. Obama cited her courage in his response to a 2015 article in The New York Times Magazine about growing efforts to dismantle the protections of the Voting Rights Act of 1965. A year after the president's letter, the Supreme Court, in a 4-4 vote, let stand a federal appeals court judgment upholding the lawsuit spearheaded by Ms. Eaton and other plaintiffs. The ruling struck down a North Carolina statute whose provisions 'target African-Americans with almost surgical precision' in what the court called an effort to depress black turnout at the polls. In 2017, after regaining its conservative majority with the appointment of Justice Neil M. Gorsuch, the Supreme Court refused to hear an appeal to revive the case, effectively overturning a far-reaching effort by Republicans to counter what they contended, without evidence, was widespread voter fraud in North Carolina." In 1942, she became "one of the state's first black voters since Reconstruction." Read on.

Election 2018. Florida. Gary Fineout of the AP: "Florida officials say thousands of mailed ballots were not counted because they were delivered too late to state election offices. The Department of State late last week informed a federal judge that 6,670 ballots were mailed ahead of the Nov. 6 election but were not counted because they were not received by Election Day. The tally prepared by state officials includes totals from 65 of Florida's 67 counties. The two counties yet to report their totals are Palm Beach, a Democratic stronghold in south Florida, and Polk in central Florida.... Under Florida law, ballots mailed inside the United States must reach election offices by 7 p.m. on Election Day. Overseas ballots are counted if they are received up to 10 days after the election. A group called VoteVets Action Fund along with two Democratic organizations filed a lawsuit a few days after the 2017 election that argued the ballots should count if they were mailed before Election Day. But U.S. District Judge Mark Walker said the restriction was reasonable and that Florida election officials have a right to establish deadlines.... The lawsuit, however, is still pending and Walker asked that state election officials report how many ballots were mailed before Election Day but ultimately were not counted."

Beyond the Beltway

Tom Perkins of the Guardian: "Republicans in Wisconsin, Michigan and North Carolina suffered stinging losses in November, but the parties aren't transferring power quietly, or at all in some cases. On the way out the door, 'lame-duck' state legislatures are bringing in last-minute laws that will strip power from incoming Democrats, gut voter-approved ballot initiatives, or otherwise undermine the election results. But some legal experts say the most alarming legislation the Republicans have passed is unconstitutional and unlikely to survive outraged Democrats' legal challenges. Among other issues, they contend many of the Republican laws blur the constitutionally mandated separation of powers among the executive, legislative and judicial branches of government."

Not Even Raps on the Knuckles for These Twisted Sisters. Haroon Siddique of the Guardian & agencies: "Two nuns who worked for decades at a Catholic school in California embezzled a 'substantial' amount of money from tuition and other funds and used it to pay for gambling trips to Las Vegas, church officials said Monday. Sisters Mary Margaret Kreuper and Lana Chang are believed to have siphoned off cash from tuition fees and donations at St James school in Torrance, near Los Angeles for at least a decade. Neither has been charged with a crime.... The total taken from the school was still being calculated, Alarcon said, adding he could not confirm reports that it was up to $500,000 (£400,000).... The archdiocese has notified the police but [Monsignor Michael] Meyers said church officials did not plan to press charges and instead wanted to resolve the situation internally with the money repaid and the nuns disciplined by their order." ...

     ... Update. ABC News: The nuns spent some of the stolen money on travel. "At first the school said it 'does not wish to pursue criminal proceedings,' but now the Archdiocese tells ABC News the investigation has deepened and they are considering making this a criminal case." Sister Mary Margaret was the school's principal. Mrs. McC: Budding comedy screenwriters, take note.

     ... Mrs. McCrabbie: I'm not sure why Republicans are so worried about Sharia law. The Roman Catholic Church seems to think that its leaders should decide many cases that otherwise fall under secular laws, from sexual abuse of minors to grand theft to healthcare mandates.

Way Beyond

BBC: PM "Theresa May is meeting European leaders and EU officials on Tuesday for talks aimed at rescuing her Brexit deal. She is holding talks with Dutch PM Mark Rutte and Germany's Angela Merkel after postponing a Commons vote on the deal. The UK PM has said she needs 'further assurances' about the Northern Ireland border plan to get backing from MPs. European Commission President Jean-Claude Juncker said the EU would not 'renegotiate' the deal but there was room for 'further clarifications'." ...

... Stephen Castle & Richard Pérez-Peña of the New York Times: "Facing the prospect of a humiliating defeat, Prime Minister Theresa May said on Monday that she would seek to postpone a parliamentary vote on her proposal for Britain's departure from the European Union, throwing the process into disarray and highlighting her tenuous hold on power. Parliament had been scheduled to vote on Tuesday on the agreement that Mrs. May reached with the bloc for Britain's withdrawal, or Brexit -- a critical moment in her political career and in the battle over an issue that has gripped British politics for nearly three years. But weeks of bitter criticism and days of parliamentary debate had left no doubt that the plan would be soundly rejected by lawmakers, due in large part to objections over plans for dealing with the Irish border that pro-Brexit lawmakers say could potentially leave the United Kingdom tied to some of the bloc's rules indefinitely." (Also linked yesterday afternoon.)

Macron Addresses Les Gilets Jaunes. Alissa Rubin of the New York Times: "Faced with violent protests and calls for his resignation, President Emmanuel Macron of France said Monday that he had heard the anger of the many whose economic suffering has burst into the open in recent weeks and that he would take immediate steps to relieve their hardship.... He announced tax cuts and income increases for the struggling middle class and working poor, vowing to raise the pay of workers earning the minimum wage. He promised to listen to the voices of the country, to its small-town mayors and its working people.... [BUT] Criticisms came quickly from many of Mr. Macron's political opponents, who said his proposals fell far short of people's needs."

Sunday
Dec092018

The Commentariat -- December 10, 2018

Afternoon Update:

Rosalind Helderman & Spencer Hsu of the Washington Post: "Maria Butina, a Russian gun rights activist, is poised to plead guilty in a case involving accusations that she was working as an agent for the Kremlin in the United States, according to a new court filing. Attorneys for Butina and federal prosecutors jointly requested in court documents Monday that U.S. District Judge Tanya S. Chutkan set a time for Butina to withdraw her previous plea of not guilty. They said they could be available for her to enter her plea as early as Tuesday. 'The parties have resolved this matter,' Butina's lawyers and D.C.-based prosecutors wrote in their joint filing."

Marshall Cohen of CNN: "At least 16 associates of Donald Trump had contacts with Russians during the 2016 campaign or transition, according to public statements, court filings, CNN reporting, and reporting from other news outlets."

"Whatever." Matt Yglesias of Vox: "No person's entire career can be summed up in a single quote. But ousted White House Chief of Staff John Kelly's defense to the charge that the Trump administration's child separation policy at the border was cruel deserves to be etched into his tombstone. 'The children,' he said, 'will be taken care of -- put into foster care or whatever.' That is roughly the degree of thoughtfulness and consideration that was put into the policy. And it properly reflects Kelly's true legacy as chief of staff.... The emphasis on times when Kelly could rein in Trump ignores the extent to which the two men were genuinely like-minded, and the many crucial moments where Kelly exacerbated Trump's worst instincts."

Robert Barnes of the Washington Post: "The U.S. Supreme Court declined Monday to review lower court decisions that blocked efforts in two states to cut off public funding for Planned Parenthood, refusing for now to get involved in state battles over abortion rights. The cases did not touch on abortion itself, but three justices who said the court should have accepted the cases said that was the reason the court declined to get involved. 'What explains the court's refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named "Planned Parenthood,"' Justice Clarence Thomas wrote.... Thomas was joined in his opinion by fellow conservative justices Samuel A. Alito Jr. and Neil M. Gorsuch.... The court's action showed a split among the panel's conservatives, and might indicate a reluctance by the majority to take on controversial cases at a time when the Supreme Court is in the political spotlight.... It takes four justices to accept a case...."

Stephen Castle & Richard Pérez-Peña of the New York Times: "Facing the prospect of a humiliating defeat, Prime Minister Theresa May said on Monday that she would seek to postpone a parliamentary vote on her proposal for Britain's departure from the European Union, throwing the process into disarray and highlighting her tenuous hold on power. Parliament had been scheduled to vote on Tuesday on the agreement that Mrs. May reached with the bloc for Britain's withdrawal, or Brexit -- a critical moment in her political career and in the battle over an issue that has gripped British politics for nearly three years. But weeks of bitter criticism and days of parliamentary debate had left no doubt that the plan would be soundly rejected by lawmakers, due in large part to objections over plans for dealing with the Irish border that pro-Brexit lawmakers say could potentially leave the United Kingdom tied to some of the bloc's rules indefinitely."

*****

This Russia Thing, Etc., Ctd.

"No Smocking Gun." Caitlin Oprysko of Politico: "... Donald Trump on Monday sought to downplay the felony his former personal attorney Michael Cohen pleaded guilty to this month, arguing that Cohen's hush money payments on behalf of Trump were a 'simple private transaction' rather than a breach of campaign finance law. Apparently citing a Fox News segment, Trump insisted on Twitter that there is 'smocking (sic) gun' pointing to coordination between the Trump campaign and Russia that emerged from the closed door congressional testimony of former FBI Director James Comey last week.... 'There was NO COLLUSION,' Trump wrote on Monday. 'So now the Dems go to a simple private transaction, wrongly call it a campaign contribution, which it was not (but even if it was, it is only a CIVIL CASE, like Obama's - but it was done correctly by a lawyer and there would not even be a fine.).'" ...

     ... Mrs. McCrabbie: A smocking gun is the perfect holiday gift for the home-crafter. A multi-purpose tool, it makes light work of smocking baby's Christmas dress & glue-gunning baubles to your festive wreaths. When President* Trump gave his wife Melanie a smocking gun, she went stark-staring-crazy gluing like millions of red berries to a bunch of trees she found out in the hall. Wait till you see Uday & Qusay in the smocked Russian bear dancer outfits Melanie whipped up for them. The smocking gun is available at WalMart, Michael's & the Home Shopping Network. (Not suitable for children under six or Uday and Qusay.) Oh, P.S., the rest of Trump's TwitterTale above is crap. ...

... Avery Anapol of the Hill: "Former CIA Director John Brennan blasted President Trump after he downplayed allegations of campaign finance violations by calling them a 'private transaction.' 'Whenever you send out such inane tweets, I take great solace in knowing that you realize how much trouble you are in & how impossible it will be for you to escape American justice,' Brennan tweeted. 'Mostly, I am relieved that you will never have the opportunity to run for public office again.'" Mrs. McC: Huh. Obviously Brennan thinks Trump will not be in a position to run for re-election. Even if Trump did revoke Brennan's security clearance, Brennan well may know something we don't know.

Ben Protess, et al., of the New York Times: "After [Michael] Cohen pleaded guilty in August to breaking campaign finance laws and other crimes ... the federal prosecutors in Manhattan shifted their attention to what role, if any, Trump Organization executives played in the campaign finance violations, according to people briefed on the matter.... In addition to implicating Mr. Trump in the payments to the two women, Mr. Cohen has told prosecutors that the company's chief financial officer was involved in discussions about them, a claim that is now a focus of the inquiry.... In recent weeks, the prosecutors contacted the company to renew a request they had made earlier this year for documents and other materials...." ...

... Benjamin Weiser of the New York Times: "Michael D. Cohen ... always had a high self-regard for his ability to talk -- or bully -- his way out of challenging situations, whether acting on his own or on behalf of Mr. Trump. So when federal prosecutors in the Southern District of New York began investigating Mr. Cohen, he seemed to undertake a brazen and risky legal strategy: offer enough information that it might prompt prosecutors to ask a judge for leniency for him -- but nothing more about his or others' activities. On Friday, the prosecutors made clear that Mr. Cohen was less useful to their investigation because he would not fully cooperate, therefore he would not reap benefits, such as a government letter on his behalf. They said Mr. Cohen had refused to sign a full cooperation agreement, the sort most people in the Southern District sign when agreeing to testify against their partners in crime. Under that sort of deal, witnesses must admit to every crime they have committed and offer any details concerning crimes by others, even ones the government did not know about."

Michael Burke of the Hill: "Rep. Adam Schiff (D-Calif.) on Sunday said that President Trump might 'face the real prospect of jail time' after prosecutors indicated last week that he directed illegal payments during his 2016 presidential campaign." (Also linked yesterday afternoon.) ...

... Martin Matishak of Politico: "Rep. Jerry Nadler (D-N.Y.) on Sunday said that if accusations that ... Donald Trump directed illegal payments during his campaign are true that it would 'certainly' be an impeachable offense, but stopped short of saying such action would be taken. 'They would be impeachable offenses. Whether they're important enough to justify an impeachment is a different question,' Nadler, the incoming chairman of the House Judiciary Committee, said on CNN's 'State of the Union.'" (Also linked yesterday afternoon.) ...

... Quinn Scanlan of ABC News: "Republican Sen. Marco Rubio said repeatedly that ... Donald Trump pardoning former campaign chairman Paul Manafort would be a 'terrible mistake,' and that doing so could possibly 'trigger a debate about whether the pardon powers should be amended.'" (Also linked yesterday afternoon.) ...

... Erin Durkin of the Guardian has a more extensive report on remarks made by Schiff, Nadler & Rubio. ...

... Megan Keller of the Hill: "Former New Jersey Governor Chris Christie (R) said Sunday that the language federal prosecutors are using to refer to President Trump in an indictment against Michael Cohen makes it sound as if they might have corroborating evidence that the president violated campaign finance law." (Also linked yesterday afternoon.)

Stephanie Baker, et al. of Bloomberg: "Not long after Michael Cohen stopped pursuing a Trump-branded property project in Moscow, another Russian connection to the future U.S. president's entourage started to form. Like the real estate plan, it didn't end well -- particularly for Russian tycoon Viktor Vekselberg. His effort to engage in statecraft at the highest level unraveled spectacularly, costing him billions, cleaving his family and severing the extensive ties to the U.S. elite that turned him into what one Moscow newspaper called the 'most American' of Vladimir Putin's plutocrats.... Instead, he became the richest victim of the most dangerous standoff between the U.S. and Russia since the Cold War." --s (Also linked yesterday afternoon.)

James Risen of The Intercept: "The significance of Mueller's new filing about [Paul] Manafort is that it raises new questions about connections between Trump's campaign manager and a figure with ties to Russian intelligence. Many of the details are frustratingly redacted in the Mueller filing, but it suggests that [Konstantin] Kilimnik plays a more important role in Mueller's investigation than previously believed. What is obvious is that, despite Trump's denials, he and his campaign were involved in repeated, serious efforts to develop deep connections to Vladimir Putin's regime from the very beginning of Trump's run for the presidency." --s ...

... Rosalind Helderman, et al., of the Washington Post: "Again and again and again, over the course of Donald Trump's 18-month campaign for the presidency, Russian citizens made contact with his closest family members and friends, as well as figures on the periphery of his orbit.... In all, Russians interacted with at least 14 Trump associates during the campaign and presidential transition, public records and interviews show.... The mounting number of communications that have been revealed occurred against the backdrop of 'sustained efforts by the Russian government to interfere with the U.S. presidential election,' as Mueller's prosecutors wrote in a court filing last week. The special counsel's filings have also revealed moments when Russia appeared to be taking cues from Trump."

Greg Krieg of CNN: "Former FBI Director James Comey asked American voters Sunday night to end Donald Trump's presidency with a 'landslide' victory for his opponent in 2020. 'All of us should use every breath we have to make sure the lies stop on January 20, 2021,' Comey told an audience at the 92nd Street Y on New York City's Upper East Side. He all but begged Democrats to set aside their ideological differences and nominate the person best suited to defeating Trump in an election. 'I understand the Democrats have important debates now over who their candidate should be,' Comey told MSNBC's Nicolle Wallace, 'but they have to win. They have to win.'... Hours earlier, Trump attacked Comey in a pair of testy morning tweets, claiming without evidence that the former FBI chief had lied on Friday in his testimony to the House Judiciary and Oversight committees. 'Leakin' James Comey must have set a record for who lied the most to Congress in one day. His Friday testimony was so untruthful!,' Trump wrote, adding in a second post: 'On 245 occasions, former FBI Director James Comey told House investigators he didn't know, didn't recall, or couldn't remember things when asked.'Comey laughed at the idea Trump had even looked over the actual testimony, joking to Wallace before she could read the tweets, 'He's finished reading the 253 pages?'"

Matt Shuham of TPM: "Former FBI Director James Comey testified to the House Oversight and Judiciary committees Friday that he was concerned in late 2016 'that there appeared to be in the media a number of stories that might have been based on communications reporters or nonreporters like Rudy Giuliani were having with people in the [FBI's] New York field office.'... [From the transcript:] 'In particular..., I want to say mid-October..., Mr. Giuliani was making statements that appeared to be based on his knowledge of workings inside the FBI New York.'"

Ham Sandwich Sues Prosecutor. Josh Gerstein of Politico: "An author and conspiracy theorist who says he's being threatened with indictment by special counsel Robert Mueller's team in the Trump-Russia probe filed a federal lawsuit Sunday night accusing Mueller of constitutional violations and leaking grand jury secrets.Jerome Corsi's new suit against Mueller also accuses the special prosecutor of trying to badger Corsi into giving false testimony that he served as a conduit between Wikileaks found Julian Assange and Roger Stone.... Corsi is represented in the suit by his defense attorney, David Gray of New Jersey, and longtime conservative gadfly and Judicial Watch founder, Larry Klayman."


Wesley Morgan
of Politico: "... Donald Trump has told Defense Secretary Jim Mattis to submit a $750 billion budget proposal for fiscal 2020, in a reversal from his pledge to trim defense spending, two people familiar with the budget negotiations have told Politico. The $750 billion figure emerged from a meeting Tuesday at the White House among Trump, Mattis and the Republican chairmen of the House and Senate Armed Services committees, both people said.... That would ... represent a stunning about-face for a president who recently called the fiscal 2019 top line of $716 billion for defense spending 'crazy.' In October, Trump said the defense figure for 2020 would be $700 billion, a roughly 5 percent cut in line with decreases planned for other agencies."

Maggie Haberman of the New York Times: "Nick Ayers, President Trump's top choice to replace John F. Kelly as chief of staff, has declined to take the job, according to three people familiar with the talks. Mr. Ayers, 36, the chief of staff to Vice President Mike Pence, is expected to leave the administration in the coming weeks as his family returns to Georgia, according to people familiar with his plans." ...

... Such a Principled Young Man. Lachlan Markay of the Daily Beast: "... a source close to the White House told The Daily Beast, Ayers is expected to return to the pro-Trump dark money group he helped found.... Ayers' departure from government would mark a return to a private political consulting career that earned him huge paychecks between stints at GOP political outfits including the Republican National Committee and the Republican Governors Association and his work with Pence during the 2016 presidential campaign." ...

... Mehdi Hasan of the Intercept: John "Kelly was never a 'great guy'; never the 'adult in the room.' He was a bully, a bigot and a liar; as racist and reactionary as his soon-to-be former boss. He was an enabler of Trump's worst crimes and abuses -- from the 'unconstitutional' appointment of his crony Matthew Whitaker as acting attorney general, to the abduction of children at the U.S.-Mexico border, to the fake furor over the migrant 'caravan.'" Hasan runs down Kelly's greatest hits.

Bull in a China Shop. Jackson Diehl of the Washington Post: "Mike Pompeo was supposed to rescue the State Department from its disastrous start in the Trump presidency. When he first turned up at Foggy Bottom on May 1, he promised to staff up a badly depleted bureaucracy, listen to its views and reinvigorate U.S. diplomacy after a year of dysfunction. State, he said, would get 'back our swagger.' Now, after a month that has seen the secretary offer smiles and excuses to Saudi Arabia's murderous Mohammed bin Salman, trash Congress for 'caterwauling' and inspire a rare revolt by Senate Republicans, it's time to offer a verdict: Pompeo has managed to worsen the State Department's already abysmal standing with every significant constituency. Legislators, major allies, the media, career staff, even North Korea are alienated. The only satisfied customer may be President Trump -- and even he has grounds for grievance." Read on.

Command Appearance. Simon Goodley of the Guardian: "China has summoned the US ambassador in Beijing to protest about the detention of a senior Huawei executive in Canada after US law enforcement officials issued a warrant for her arrest last week. The official Xinhua news agency said the vice-foreign minister, Le Yucheng, had 'lodged solemn representations and strong protests' with the ambassador, Terry Branstad, against the detention of Meng Wanzhou, chief financial officer of the Chinese technology firm."

Nic Robertson of CNN: "'I can't breathe.' These were the final words uttered by Jamal Khashoggi after he was set upon by a Saudi hit squad at the country's consulate in Istanbul, according to a source briefed on the investigation into the killing of the Washington Post columnist. The source, who has read a translated transcript of an audio recording of Khashoggi's painful last moments, said it was clear that the killing on October 2 was no botched rendition attempt, but the execution of a premeditated plan to murder the journalist.During the course of the gruesome scene, the source describes Khashoggi struggling against a group of people determined to kill him."

Sharon Lerner of The Intercept: "A new water rule that will strip federal protections from an estimated 60-90 percent of U.S. waterways will dramatically ease restrictions on how polluting industries do business.... But oil and gas transport companies may benefit most from the imminent shift. When the rule takes effect, pipeline construction projects that are currently required to undergo months, or even years, of scrutiny from water experts in order to minimize their environmental impact will be allowed to speed forward...The oil and gas industries have been pushing for years for these same changes.... The change will likely have the most dramatic effect in Alaska and the arid west, which, depending on the wording of the rule, may see up to 90 percent of its waterways lose federal protection." --s

Damian Carrington of the Guardian: "Global investors managing $32tn issued a stark warning to governments at the UN climate summit on Monday, demanding urgent cuts in carbon emissions and the phasing out of all coal burning. Without these, the world faces a financial crash several times worse than the 2008 crisis, they said. The investors include some of the world's biggest pension funds, insurers and asset managers and marks the largest such intervention to date. They say fossil fuel subsidies must end and substantial taxes on carbon be introduced." --s

I do not like the fact that Madison and Milwaukee chose Governor Evers and they're the reason that he won. -- Wisconsin Assembly Speaker Robin] Vos (R), expressing his opposition to one-person-one-vote for urbanites ...

... Jonathan Chait: "'Donald Trump's gold-embossed version of authoritarianism, inflected with narcissism and a Mafia ethos, is highly distinctive and, at least to some Republican elites, occasionally unsettling.... Trump's wild charges about 'rigged elections' and millions of imaginary illegal voters stand out for their blunt-force ignorance but not their basic thrust.... Trump did not invent the broader distrust of democracy infecting his party. Nor is the [anti-democratic] philosophy espoused by [Wisconsin Assembly Speaker Robin] Vos merely some alarming idiosyncrasy coming from one legislator in Wisconsin. In fact, paradoxically, the black-swan nature of Trump's presidency is obscuring a decades-long project that, should the grand American experiment in self-government end in ruin, could easily bear more responsibility for its death than any single president.... We now inhabit a political reality in which Republicans looking to exploit the powers of minority control have become even more brazen in their tactics."

Nervous Breakdown at the Wingnut Corral. Elham Khatami of ThinkProgress: "Conservative pastor E.W. Jackson went on a six-minute Islamophobic rant on his radio show Wednesday, telling listeners that Muslims are 'going to turn Congress into an institution of Sharia law.' Jackson was speaking specifically about Rep.-elect Ilhan Omar (D-MN), who, along with Rashida Tlaib (D-MI), are set to become the first Muslim women elected to Congress.... 'Floor of Congress is now going to look like a, it's going to look like an Islamic republic.'... Late Thursday evening, Omar clapped back, tweeting that Jackson is 'gonna have to just deal.' 'Well sir,' she said, 'the floor of Congress is going to look like America....'" --s (Also linked yesterday.)

Jamiles Larty of the Guardian: "This year has been by far the worst on record for gun violence in schools, the advocacy group Sandy Hook Promise said, citing research by the US Naval Postgraduate School (NPS). The NPS Center for Homeland Defense and Security counted 94 school shooting incidents in 2018, a near 60% increase on the previous high, 59, an unwanted record set in 2006. The NPS database goes back to 1970 and documents any instance in which a gun is 'brandished, is fired, or a bullet hits school property for any reason', regardless of the number of victims or the day of the week.... In response to the NPS findings and to mark the sixth anniversary of Sandy Hook, on 14 December, Sandy Hook Promise will release a jarring public service announcement [video]." --s (Also linked yesterday afternoon.)

Jennifer Valentino-DeVries, et al., of the New York Times: "... as smartphones have become ubiquitous and technology more accurate, an industry of snooping on people’s daily habits has spread and grown more intrusive.... At least 75 companies receive anonymous, precise location data from apps whose users enable location services to get local news and weather or other information.... These companies sell, use or analyze the data to cater to advertisers, retail outlets and even hedge funds seeking insights into consumer behavior.... More than 1,000 popular apps contain location-sharing code from such companies, according to 2018 data from MightySignal, a mobile analysis firm. Google's Android system was found to have about 1,200 apps with such code, compared with about 200 on Apple's iOS." ...

     ... Valentino-DeVries & Natasha Singer show you how you can stop the snoopers from tracking you.

Presidential Race 2020. Alex Seitz-Wald of NBC News: "A little over a year from now, millions of Californians will be mailed their ballots on the same day that Iowans head to their famous first-in-the-nation presidential caucuses. They could start mailing them back before New Hampshire holds its first-in-the-nation primary in 2020. Meanwhile, Texans will likely have a chance to vote early, too -- even before Nevada and South Carolina, which typically round out the earliest portion of the primary calendar. The explosion of early voting and reshuffling of the primary calendar in 2020 could transform the Democratic presidential nominating contest, potentially diminishing the power of the traditional, tiny and homogeneous early states in favor of much larger and more diverse battlegrounds. That would be a boon to the best-known candidates with warchests sizable enough to compete in big states early. And it would empower black and Hispanic voters in large, multiracial states like California, which was a virtual afterthought at the back of the primary calendar in 2016. Criticism has mounted for years about the primacy of New Hampshire and Iowa, which are both around 90 percent white."

Annals of "Journalism," Ctd.

"A Future with Less News." David Uberti in the New Republic: "A decade of turmoil has left a weakened press vulnerable to political attacks, forced into ethical compromises, and increasingly outstripped by new forms of digital media. Deeply reported and scrupulously fact-checked stories now compete with click-bait, memes, bots, trolls, hyper-partisan writers, and fake news produced to rack up views on social platforms. Local news is vanishing as Facebook, Google, and increasingly Amazon dominate the advertising industry on which publications long relied." Uberti reprises the highlights of a book by Alan Rusbridger, former editor of the Guardian."

     ... Mrs. McCrabbie: As we all know, many news outlets, and almost all of the major ones, are speeding up our strict real-news diet by subscriber-firewalling their content. We've been able to get around most of those firewalls (the WSJ being a notable exception) by opening the stories in private windows, but it looks as if that work-around is ending: just this morning I tried to open an LA Times story in a private window -- and it turns out that is now verboten. Other outlets are likely to follow suit. Well, you say, profit-motivated journalism was never the best idea anyway; maybe we should try some kind of publicly-financed journalism. Um, okay ...

... NPR Abuses the Interns It Relies on to Do, Well, Everything. Paul Farhi of the Washington Post: "For decades, the public broadcaster has relied on a cadre of temporary journalists to produce its hourly newscasts and popular news programs. Without temporary workers -- who are subject to termination without cause -- NPR would probably be unable to be NPR. Temps do almost every important job in NPR's newsroom: They pitch ideas, assign stories, edit them, report and produce them. Temps not only book the guests heard in interviews, they often write the questions the hosts ask the guests. And there are a lot of them. According to union representatives,between 20 and 22 percent of NPR's 483 union-covered newsroom workforce -- or 1 in 5 people -- are temp workers. The number varies week to week as temps come and go.... Temps were often left in the dark about how long their assignments would last, how much they'd be paid, who they were reporting to, or what their title is. They also said they received little feedback from supervisors after completing an assignment, and were 'routinely' overlooked in NPR's recruiting efforts." ...

     ... Mrs. McCrabbie: So if you're wondering why NPR's segments so often suck, it might be because the producer is a 21-year-old "communications" major, the reporter is a 22-year-old Liberty U. grad, & they're both making SAG-AFTRA minimum wage in a high-COL city.

Beyond the Beltway

North Carolina. Follow the $. E.A. Crunden of ThinkProgress: "Controversy surrounding election fraud in North Carolina's 9th district increased this weekend as questions surfaced about campaign debts owed by Mark Harris, the Republican initially declared the winner in the race. According to Federal Election Commission (FEC) filings, the Harris campaign currently owes $34,310 to a political consultant employed by the Red Dome Group. The money is owed for 'Reimbursement Payment for Bladen Absentee' and 'Reimbursement Door to Door,' seemingly to Leslie McCrae Dowless, the consultant. Dowless was named Friday as a person of interest in a probe of possible absentee voter fraud.... In another twist in the saga..., a Democrat-funded PAC may have also been involved in a separate case of illegal absentee voter practices in the same county." --s (Also linked yesterday afternoon.)

Virginia. Ian Millhiser of ThinkProgress: "Virginia's House of Delegates is one of the most gerrymandered bodies in the country. In 2017, Democrats won the statewide popular vote in Virginia's legislative races by over nine percentage points. Nevertheless, Republicans still held a 51-49 majority in the House of Delegates, thanks to gerrymandering. But Virginia Democrats may actually get to compete in something approximating free and fair elections next year, thanks to a pair of documents handed down by a federal court on Friday.... While it remains to be seen what the final maps will look like, the current maps are so egregiously gerrymandered than any alterations are likely to benefit the Democratic Party. And that, in turn, raises the possibility that the increasingly blue state of Virginia could become a haven for progressive ideas." --s (Also linked yesterday.)

Wisconsin. H. Claire Brown of The Intercept: "[In the GOP last minute power grab,] buried under controversial moves to curtail early voting and strip authority from Gov.-elect Tony Evers is a sweeping codification of welfare restrictions that Republicans across the country have long sought. The new legislation enshrines in state law outgoing Gov. Scott Walker's controversial policy of forcing many food stamp applicants to submit to drug testing. It also limits the incoming administration's ability to walk back the state's strict new work requirements for aid recipients. After Walker's approval, Wisconsin will be the only state that requires drug testing for non-felon food stamp applicants." --s (Also linked yesterday.)

Way Beyond

BBC: "The [House of] Commons vote on Tuesday [on Theresa May's Brexit plan] will not be delayed, the Brexit Secretary has said, amid growing calls for the PM to go back to Brussels to renegotiate. Stephen Barclay also said Theresa May could stay in post if, as expected, MPs reject her Brexit plan. The PM has warned Tory rebels it could lead to a general election, and there was a 'very real risk of no Brexit'.... The withdrawal deal negotiated between the UK and EU has been endorsed by EU leaders but must also be backed by Parliament."

Dom Phillips of the Guardian: "An epidemic of illegal artisanal mining across the Amazon rainforest has been revealed in an unprecedented new map, pinpointing 2,312 sites in 245 areas across six Amazon countries. Called garimpo in Brazil, artisanal mining for gold and other minerals in Amazon forests and rivers has been a problem for decades and is usually illegal. It is also highly polluting: clearings are cut into forests, mining ponds carved into the earth, and mercury used in extraction is dumped in rivers, poisoning fish stocks and water supplies. But its spread has never been shown before.... In 37 cases, the groups say illegal artisanal mining took place in protected indigenous reserves, 18 of which were in Brazil." --s ...

     ... Mrs. McCrabbie: I didn't know what "artisanal mining" was. "Artisanal" sounds so traditional and sweet and, you know, artsy like hand-thrown pottery, delicious bread & small-production, organic wines. So I looked it up: it's small-scale mining by independent miners, like hobbyists panning for gold. Apparently "artisanal miners" are not so into leaving their work sites as they found them.

News Ledes

New York Times: "Evelyn Berezin, a computer pioneer who emancipated many a frazzled secretary from the shackles of the typewriter nearly a half-century ago by building and marketing the first computerized word processor, died on Saturday in Manhattan. She was 93."

Weather Channel: "Wide swaths of the Carolinas, Georgia and Tennessee woke up to power outages Sunday morning as Winter Storm Diego continued to dump snow and ice across the Southeast. Later in the day, the snow started falling in parts of Virginia. One person was killed when a tree fell on a car Sunday afternoon in Matthews, North Carolina...."

Saturday
Dec082018

The Commentariat -- December 9, 2018

Late Morning Update:

Michael Burke of the Hill: "Rep. Adam Schiff (D-Calif.) on Sunday said that President Trump might 'face the real prospect of jail time' after prosecutors indicated last week that he directed illegal payments during his 2016 presidential campaign." ...

... Martin Matishak of Politico: "Rep. Jerry Nadler (D-N.Y.) on Sunday said that if accusations that ... Donald Trump directed illegal payments during his campaign are true that it would 'certainly' be an impeachable offense, but stopped short of saying such action would be taken. 'They would be impeachable offenses. Whether they're important enough to justify an impeachment is a different question,' Nadler, the incoming chairman of the House Judiciary Committee, said on CNN's 'State of the Union.'"

Megan Keller of the Hill: "Former New Jersey Governor Chris Christie (R) said Sunday that the language federal prosecutors are using to refer to President Trump in an indictment against Michael Cohen makes it sound as if they might have corroborating evidence that the president violated campaign finance law."

Quinn Scanlan of ABC News: "Republican Sen. Marco Rubio said repeatedly that ... Donald Trump pardoning former campaign chairman Paul Manafort would be a 'terrible mistake,' and that doing so could possibly 'trigger a debate about whether the pardon powers should be amended.'"

Stephanie Baker, et al. of Bloomberg: "Not long after Michael Cohen stopped pursuing a Trump-branded property project in Moscow, another Russian connection to the future U.S. president's entourage started to form. Like the real estate plan, it didn't end well -- particularly for Russian tycoon Viktor Vekselberg. His effort to engage in statecraft at the highest level unraveled spectacularly, costing him billions, cleaving his family and severing the extensive ties to the U.S. elite that turned him into what one Moscow newspaper called the 'most American' of Vladimir Putin's plutocrats.... Instead, he became the richest victim of the most dangerous standoff between the U.S. and Russia since the Cold War." --s

Nervous Breakdown at the Wingnut Corral. Elham Khatami of ThinkProgress: "Conservative pastor E.W. Jackson went on a six-minute Islamophobic rant on his radio show Wednesday, telling listeners that Muslims are 'going to turn Congress into an institution of Sharia law.' Jackson was speaking specifically about Rep.-elect Ilhan Omar (D-MN), who, along with Rashida Tlaib (D-MI), are set to become the first Muslim women elected to Congress.... 'Floor of Congress is now going to look like a, it's going to look like an Islamic republic.'... Late Thursday evening, Omar clapped back, tweeting that Jackson is 'gonna have to just deal.' 'Well sir,' she said, 'the floor of Congress is going to look like America....'" --s

Jamiles Larty of the Guardian: "This year has been by far the worst on record for gun violence in schools, the advocacy group Sandy Hook Promise said, citing research by the US Naval Postgraduate School (NPS). The NPS Center for Homeland Defense and Security counted 94 school shooting incidents in 2018, a near 60% increase on the previous high, 59, an unwanted record set in 2006. The NPS database goes back to 1970 and documents any instance in which a gun is 'brandished, is fired, or a bullet hits school property for any reason', regardless of the number of victims or the day of the week.... In response to the NPS findings and to mark the sixth anniversary of Sandy Hook, on 14 December, Sandy Hook Promise will release a jarring public service announcement [video]." --s

North Carolina. Follow the $. E.A. Crunden of ThinkProgress: "Controversy surrounding election fraud in North Carolina's 9th district increased this weekend as questions surfaced about campaign debts owed by Mark Harris, the Republican initially declared the winner in the race. According to Federal Election Commission (FEC) filings, the Harris campaign currently owes $34,310 to a political consultant employed by the Red Dome Group. The money is owed for 'Reimbursement Payment for Bladen Absentee' and 'Reimbursement Door to Door,' seemingly to Leslie McCrae Dowless, the consultant. Dowless was named Friday as a person of interest in a probe of possible absentee voter fraud.... In another twist in the saga..., a Democrat-funded PAC may have also been involved in a separate case of illegal absentee voter practices in the same county." --s

Virginia. Ian Millhiser of ThinkProgress: "Virginia's House of Delegates is one of the most gerrymandered bodies in the country. In 2017, Democrats won the statewide popular vote in Virginia's legislative races by over nine percentage points. Nevertheless, Republicans still held a 51-49 majority in the House of Delegates, thanks to gerrymandering. But Virginia Democrats may actually get to compete in something approximating free and fair elections next year, thanks to a pair of documents handed down by a federal court on Friday.... While it remains to be seen what the final maps will look like, the current maps are so egregiously gerrymandered than any alterations are likely to benefit the Democratic Party. And that, in turn, raises the possibility that the increasingly blue state of Virginia could become a haven for progressive ideas." --s

Wisconsin. H. Claire Brown of The Intercept: "[In the GOP last minute power grab,] buried under controversial moves to curtail early voting and strip authority from Gov.-elect Tony Evers is a sweeping codification of welfare restrictions that Republicans across the country have long sought. The new legislation enshrines in state law outgoing Gov. Scott Walker's controversial policy of forcing many food stamp applicants to submit to drug testing. It also limits the incoming administration's ability to walk back the state's strict new work requirements for aid recipients. After Walker's approval, Wisconsin will be the only state that requires drug testing for non-felon food stamp applicants." --s

*****

Michael Shear & Julie Davis of the New York Times: "John F. Kelly, the retired Marine general tapped as chief of staff by President Trump last year to bring order to his chaotic White House, will leave the job by the end of the year, Mr. Trump said on Saturday, the latest departure from the president's inner circle after a bruising midterm election for his party. Mr. Trump, speaking with reporters on the White House lawn before departing for the Army-Navy football game in Philadelphia, said that he would announce a replacement for Mr. Kelly &-- perhaps on an interim basis -- in the next day or two." (Also linked yesterday afternoon.) ...

... Good-bye & Good Riddance. David Graham of the Atlantic: "The essential moment for understanding Kelly came in October 2017. After several American soldiers were killed in a raid in Niger, Trump used the occasion to attack former President Barack Obama's handling of condolence letters for slain service members. Trump cited the combat death of Kelly's own son.... Some pundits expected Kelly to rebuke Trump. Instead, Kelly staunchly defended him. He also attacked Representative Frederica Wilson, who had provided a damning account of Trump's phone call to Myeisha Johnson, the widow of slain Sergeant La David Johnson. When video evidence debunked Kelly's attack on Wilson, the White House said that it was inappropriate to question the chief of staff, because he is a veteran.... [Mrs. McC: And Kelly refused to apologize to Wilson for falsely smearing her with false accusations.] The episode ... showed that the gulf between Kelly and Trump wasn't as large as many analysts had assumed. Kelly was always a Trumpist in ideology -- reflexively nostalgic for the past, committed to old-fashioned gender roles, skeptical of cultural change, and strongly anti-immigration. The difference between the men was largely about style and approach, not substance." Read on. Graham also goes into Kelly's appalling performance in the Rob Porter fiasco.

     ... Mrs. McCrabbie: There have been so many White House scandals, one cannot keep them all in mind. But Kelly's mistreatment of a black congresswoman, in contrast to his support for a white male wife-beater, is the measure of the man. His chestful of medals tells us he might have been heroic once upon a time, but by the time he got to Trump's place, he had shriveled to an evil gnome.

This Russia Thing, Etc., Ctd.

Mother Jones: "The House Judiciary and Oversight committees have released a transcript from Friday's closed-door hearing of former Federal Bureau of Investigation Director James Comey. The hearing was part of a Republican-led investigation into the FBI's actions during the 2016 presidential election, which included investigations of Hil[l]ary Clinton's email server and Russia's involvement in the Trump campaign. Comey, who was fired by ... Donald Trump in May 2017, has since called the hearing a 'desperate attempt to find anything that can be used to attack the institutions of justice investigating this president.'" Mrs. McC: The story, which is brief, includes a copy of the transcript. It's Saturday evening, & several other outlets have equally brief reports, noting only that the transcript has been released as part of a deal reached between Comey & House Republicans. I'll look for some reporting & analysis Sunday. ...

     ... Update. Eric Tucker, et al., of the AP: "The FBI's counterintelligence investigation into potential ties between the Trump campaign and Russia initially focused on four Americans and whether they were connected to Russian efforts to interfere in the 2016 presidential election, former FBI Director James Comey told lawmakers during hours of closed-door questioning. Comey did not identify the Americans but said ... Donald Trump, then the Republican candidate, was not among them. He also told the House Judiciary Committee that, contrary to Trump's claims, he was 'not friends in any social sense' with special counsel Robert Mueller, who is now leading the Russia investigation. Trump has repeatedly portrayed the men as close as part of a long-running effort to undermine the investigation and paint the lead figures in the probe as united against him.... The questioning largely centered on well-covered territory from a Justice Department inspector general report, Comey's own book and interviews and hours of public testimony on Capitol Hill." ...

     ... Comey Is Still Sure He Was Right to Interfere in the 2016 Election. Karoun Demirjian & Matt Zapotosky of the Washington Post: "Comey was asked frequently about whether the president obstructed justice when Trump fired him last year. An FBI lawyer sought to block him from answering a question about a memo Deputy Attorney General Rod J. Rosenstein wrote supporting the termination, saying it 'goes to the special counsel's investigation into obstruction.' That seems to offer public confirmation from law enforcement that such a probe exists. When it came to questions about his own conduct..., Comey was loath to take any blame. Several Democrats asked whether he had erred in superseding then-Attorney General Loretta E. Lynch to declare the Clinton probe closed -- and then informing Congress just days before the 2016 election that it had been reopened. Comey responded by criticizing Lynch's decision not to recuse herself from the investigation and said the timing of his decision to write to Congress had been approved by subordinates. Asked whether he regretted not following normal Justice Department protocol, Comey said, 'I don't' and disputed that he had done so. 'I still think the other alternative was worse,' Comey said, echoing a rationale he has expressed in public. 'And as between bad and worse, I had to choose bad.'"

Eric Tucker, et al., of the AP: "Just before leaving Washington on Saturday afternoon for the Army-Navy game in Philadelphia, Trump told reporters 'we're very happy with what we are reading because there was no collusion whatsoever. There never has been. The last thing I want is help from Russia on a campaign.' Trump described the investigation as a 'very one-sided situation, but I think it's all turning around very nicely. As far as the reports that we see, according to everybody I've spoken to, I have not read it, there's absolutely no collusion, which is very excellent.' The court documents make clear how witnesses previously close to Trump ... have since provided damaging information about him...."

Peter Baker & Nicholas Fandos of the New York Times: "The prosecutors made clear in a sentencing memo filed on Friday that they viewed efforts by Mr. Trump's former personal lawyer, Michael D. Cohen, to squelch the stories as nothing less than a perversion of a democratic election -- and by extension they effectively accused the president of defrauding voters, questioning the legitimacy of his victory. On Saturday, Mr. Trump dismissed the filings, and his lawyer, Rudolph W. Giuliani, minimized the importance of any potential campaign finance violations. Democrats, however, said they could lead to impeachment."

John Dean Drops the "I"-Word. Michael Brice-Saddler of the Washington Post: "John Dean, a White House counsel under President Richard M. Nixon who received jail time for his role in the Watergate scandal, said Friday that allegations against President Trump detailed in new court filings give Congress 'little choice' other than to begin impeachment proceedings." ...

... Cleve Wootson of the Washington Post: "Trump tweeted that the [Mueller] investigation 'Totally clears the President. Thank you!' But [George] Conway [-- husband of Kellyanne --] was among the most vocal in pointing out how wrong the phrase 'totally clears the president' is. 'Except for that little part where the US Attorney's Office says that you directed and coordinated with Cohen to commit two felonies. Other than that, totally scot-free....'... Conway then proceeded to spend the rest of his Friday night focusing his Twitter on the Trump-as-potential-felon theme. He retweeted a link from satirical site the Onion:'Giuliani Insists Breaking the Law Not a Crime.' He shared a Nixon-era headline 'President: "I'm not a crook," retweeting presidential historian Michael Beschloss's analysis: 'What's old is new again.' He also retweeted former acting solicitor general Neal Katyal, who said 'The real news ... is about the conclusion by federal prosecutors that Donald J. Trump has committed a serious felony.'... [And one] from Preet Bharara, the fired U.S. attorney from the Southern District of New York:'Inspiring reminder: In America anyone can grow up and become Individual-1.'... Even Conway's correct spelling of 'scot-free' may have been a dig at Trump and his head-scratching use of the phrase 'Scott Free' earlier in the week."

Mrs. McCrabbie: I haven't found this expressed in writing anywhere, but I did hear an MSNBC pundit (and I'm sorry, but I don't know who) suggest that the harsh sentence the SDNY recommended for Michael Cohen was a kind of proffer to Cohen; that is, a means to "persuade" him to be more cooperative. That's something to keep in mind.

** Chas Danner of New York: "Trump himself quickly asserted that the new information 'totally clears' him of wrongdoing, and added on Saturday that 'we're very happy with what we are reading because there was no collusion whatsoever.' We don't know what Trump and his advisers are reading, but here is a running roundup of the most insightful commentary and analysis we've read on the memos -- from experts and pundits who actually understand them." ...

... Max Bergmann & Sam Berger in The Daily Beast: "Mueller may still be only showing us part of his hand, but it's a damn good hand. He has signalled to us he's found collusion. He has shown us that the president is compromised. He has told us that he has gathered information important to his investigation about contacts with people in the Trump Organization, the campaign, the transition, and even the White House. That's everyone Trump has been connected with since he started running.... Mueller is coming.... Not simply for obstructing justice but for conspiring with a hostile foreign power to win an election. This is a scandal unlike any America has ever seen." --s (Also linked yesterday afternoon.) ...

     ... Mrs. McCrabbie: Here's the crux of Bergmann & Berger's analysis: "Russia not only knew that Trump was lying, but when investigators first started looking into this deal, the Kremlin helped Trump cover up what really happened. That made Trump doubly compromised: first, because he was eager to get the financial payout and second because Russia had evidence he was lying to the American people -- evidence they could have held over Trump by threatening to reveal at any time. Since the president's embarrassing performance at the Helsinki summit with Vladimir Putin ... there has been open speculation about what leverage the Kremlin has over him. Now we know at least part of the picture...." ...

... ** Adam Davidson of the New Yorker: "In a series of filings that came Friday night, the office of the special counsel Robert Mueller, and a separate group of federal prosecutors in the Southern District of New York, laid out evidence that, taken together, leaves little doubt that Donald Trump sought to use his candidacy to enrich himself by approving a plan to curry political favor from Vladimir Putin in exchange for a lucrative real-estate opportunity. It may be only part of the full story, but what we now know is a powerful tale that combines elements that are familiar from other Trumpworld scandals. It is, at once, shockingly corrupt, blatantly unethical, probably illegal, yet, at the same time, shabby, small, and ineptly executed. Combined with another memo released on Friday -- a more sparsely informative sentencing memo for Paul Manafort -- we are seeing the inner workings of a coördinated conspiracy conducted by people who are very, very bad at conspiracy." ...

... Ken White in the Atlantic: "Federal prosecutors filed three briefs late on Friday portending grave danger for three men: the former Trump campaign chair Paul Manafort, the former Trump fixer Michael Cohen, and ... Donald Trump.... The brief [on Manafort] oozes a level of confidence notable even among professionally hubristic prosecutors: Mueller says he's ready to present witnesses and documents, and that he gave Manafort's lawyers an opportunity to refute the evidence but they could not. Mueller is sure he has the receipts.... The [SDNY] prosecutors' rebuttal of Cohen's sentencing brief is one of the more livid denunciations I've seen in more than two decades of federal criminal practice.... If the Southern District's fury at Cohen is notable, its explicit accusation that President Trump directed and coordinated campaign-finance violations is simply stunning.... Most significant [in Mueller's brief on Cohen], the special counsel indicates that Cohen 'described the circumstances of preparing and circulating his response to the congressional inquiries, while continuing to accept responsibility for the false statements within it.' That statement suggests that the special counsel believes that someone in the Trump administration knew of, and approved in advance, Cohen's lies to Congress. That's explosive, and potentially impeachable if Trump himself is implicated." (Also linked yesterday afternoon.) ...

... Eli Hogan in a CNN opinion piece: "President Trump and his allies have long rallied around the defiant battle cry that special counsel Robert Mueller is conducting a 'witch hunt' that has uncovered 'no collusion' with Russia. But public filings by Mueller and the Southern District of New York over the past two weeks have changed the game. We still do not know everything Mueller knows, but the contours of a broad scheme by the administration to conspire with Russia -- to the personal benefit of Trump and the detriment of the United States -- are now coming into sharper focus.... First, the evidence mounts that Trump has committed federal crimes unrelated to Russia.... The evidence also builds that Trump has attempted to obstruct justice by impeding the investigation of Russian election interference.... Second, it is increasingly clear that Trump had deep financial and political incentives to curry favor from Russia as the 2016 election approached.... Because of his own financial dealings and lies to the public, Trump gave Russia the ability to influence and potentially manipulate him.... The puzzle pieces fit together." (Also linked yesterday afternoon.) ...

... Garrett Graff of Wired: "Mueller's court filings, when coupled with other investigative reporting, paint a picture of how the Russian government, through various trusted-but-deniable intermediaries, conducted a series of 'approaches' over the course of the spring of 2016 to determine, as [Lawfare's Benjamin] Wittes says, whether 'this is a guy you can do business with.' The answer, from everyone in Trumpland -- from Michael Cohen in January 2016, fromGeorge Papadopoulos in spring 2016, from Donald Trump Jr. in June 2016, from Michael Flynn in December 2016 -- appears to have been an unequivocal 'yes.'" ...

     ... Mrs. McCrabbie: And that's the crux of it, isn't it? Trump's "no collusion!" protestation is the Lie of the Year. A more accurate portrayal of what was going on all during the campaign & into the transition period was "all collusion, all the time." The fact that Trump perpetuated lie after lie about his dealings with Russia, even as he continued to curry favor with Putin, demonstrates a pattern of treacherous, impeachable behavior more egregious than Nixon's domestic crimes. Even a person who agrees with Nixon's view that "when the president does it..., it is not illegal," would not extend that dictum to cover secret conspiracies with hostile nations.

... Timothy O'Brien of Bloomberg: "Trump's name isn't in any of the unredacted portions of the Manafort sentencing memo but his presence looms large in all of the court filings since both Manafort and Cohen worked for him. In a taste of what might still be coming, CNN reported earlier on Friday that one of the president's ersatz lawyers, Rudy Giuliani, said Mueller's team told Manafort that Trump was lying when he said he didn't know about a 2016 Trump Tower meeting Donald Trump Jr. arranged with a Russian attorney offering compromising information about Hillary Clinton. Manafort was present at that meeting, along with the president's son-in-law and current White House adviser, Jared Kushner.... In addition to noting Cohen's willingness to sacrifice his accountant to save himself, the Manhattan prosecutors also take issue with the idea that Cohen's cooperation emerged from some a newfound sense of duty.... They plainly state that Cohen cooperated to save his hide and avoid a harsher penalty." (Also linked yesterday afternoon.) ...

... Dana Milbank: "That Trump is fundamentally lawless can no longer be seriously disputed. His own prosecutors now say he took part in a crime -- and his former secretary of state says Trump had little concern about what was legal.... Trump has floated the idea that he could unilaterally end the constitutional protection of birthright citizenship, and his administration has toyed with implementing a $100 billion capital-gains tax cut without Congress, and sharing census citizenship information with law enforcement officials.... When courts push back on his lawlessness, Trump treats judges as political opponents.... On Friday, White House press secretary Sarah Sanders said the latest filings 'tell us nothing of value that wasn't already known.' That's true in the sense that recent findings essentially corroborate much of the 2016 'dossier&' by former spy Christopher Steele -- declared fraudulent by Trump -- and its reports of extensive, compromising interactions between the Trump campaign and cronies of Russian President Vladimir Putin."

... All that said ....,

... Ian Millhiser of ThinkProgress: "[T]he likelihood that Trump will experience any consequences for his actions -- even if there is ironclad proof that Trump committed very serious crimes -- is close to zero so long as Trump occupies the White House. Simply put, the framers of our Constitution had no idea how politics actually work. And that left us with a Constitution that offers no good remedies against a criminal president." --s (Also linked yesterday afternoon.) ...

     ... Mrs. McCrabbie: Millhiser argues, "If you think that 20 Republicans are going to vote to remove a president who still has an 89 percent approval rating among Republican voters, then I hope you've been comfortable living under a rock for the last two years.... The framers simply did not anticipate a situation where a political party would organize to protect its criminal leader." They also did not anticipate Fox "News." But I can still envision a scenario in which the House impeaches Trump and several Republican senators -- fewer than 20 -- vote to convict him. Impeachment & near-conviction would severely weaken a president who already does little more than send the Federalist Society's noxious judicial nominations up to the Senate for confirmation. Nancy Pelosi may be third in the line of presidential succession according to the Constitution, but a weakened Trump & a dingbat veep would leave Mitch McConnell as the effective head of the U.S. government. In fact, one could argue he has already donned that mantle (see Sam Fulwood's story, linked below, and don't forget Merrick Garland). ...

... To wit. Robert Costa & Philip Rucker of the Washington Post: "A growing number of Republicans fear that a battery of new revelations in the far-reaching Russia investigation has dramatically heightened the legal and political danger to Donald Trump's presidency -- and threatens to consume the rest of the party, as well.... The White House is adopting what one official termed a 'shrugged shoulders' strategy for the Mueller findings, calculating that most GOP base voters will believe whatever the president tells them to believe. But some allies fret that the president's coalition could crack apart under the growing pressure. Stephen K. Bannon, the former Trump strategist..., predicted 2019 would be a year of 'siege warfare' and cast the president's inner circle as naively optimistic and unsophisticated. 'The Democrats are going to weaponize the Mueller report and the president needs a team that can go to the mattresses,' Bannon said. 'The president can't trust the GOP to be there when it counts ... The don't feel any sense of duty or responsibility to stand with Trump.'"

Mrs. McCrabbie: A week or two ago, a contributor suggested Trump would not run for re-election because he hates the job. Eric Levitz of New York posits the same reason I think Trump is likely to run: it's his get-out-of-jail card. Trump may hate to do his daily chores, but he does as few of them as possible anyway. He may think the White House is a bland dump, but it beats Paul Manafort's digs.

This Saudi Thing, Ctd.

How Mohammed Wooed Jared. David Kirkpatrick, et al., of the New York Times examine the relationship between Jared Kushner & Crown Prince Mohammed bin Salman of Saudi Arabia." (Also linked yesterday afternoon.)

Samuel Oakwood & Ryan Goodman in the Atlantic: "... Donald Trump, who repeatedly complains that the United States is paying too much for the defense of its allies, has praised Saudi Arabia for ostensibly taking on Iran in the Yemen war. It turns out, however, that U.S. taxpayers have been footing the bill for a major part of the Saudi-led campaign.... Since the start of the Saudi-led intervention, in March 2015, and up until last month, the United States provided mid-air refueling for Saudi-led coalition aircraft that then flew missions related to the Yemen campaign. Getting heavy U.S. tankers into the air and carrying out this job is enormously expensive. The recipient country is required by law to pay the costs, but that isn't what happened here. In a mea culpa of sorts, the Pentagon's November 27 letter states that while the Defense Department 'believed' Saudi Arabia and the United Arab Emirates 'had been charged for the fuel and refueling services, they in fact had not been charged adequately.' How inadequately, the Pentagon will not yet say; it is 'currently calculating the correct charges,' the letter states.... The Pentagon's letter says that it reached these conclusions after Senator Jack Reed, the top Democrat on the Senate Armed Services Committee, made a specific request for information." ...

     ... Mrs. McCrabbie: BUT it's okay because (a) "if the president does it, it's not illegal"; (b) Jared likes M.B.S.; & (c) starving Yeminis is a necessary byproduct of "America First."


Lee Fang
of The Intercept: "President Donald Trump's pick to serve as his next attorney general, William Barr, pushed repeatedly to expand the role of the military [abroad] to strike drug traffickers during his last stint at the Justice Department, while serving in President George H.W. Bush's administration.... Barr called the failure to ramp up the drug war the 'biggest frustration' he faced.... In 1992, Barr signed off on a book titled 'The Case for More Incarceration,' writing that the nation must 'identify, target, and incapacitate those hardened criminals who commit staggering numbers of violent crimes whenever they are on the streets.'" --s (Also linked yesterday afternoon.)

But the Emails! Emily Holden of the Guardian: "Donald Trump's first Environmental Protection Agency (EPA) administrator [Scott Pruitt] repeatedly violated agency policy [over a period of months] to use personal email for government business, according to newly released public records.... Using personal rather than government email shields messages from public records requests and can put sensitive information at risk.... Others in the administration, including the president's daughter Ivanka Trump, have used personal email accounts for work.... In response to a previous request, the EPA had officially released just one message Pruitt wrote to anyone outside the agency during his first 10 months in office. His emails offer a new look at his close relationships with influential conservatives." --s (Also linked yesterday afternoon.)

Sam Fulwood III of ThinkProgress: "True to the form of our hyper-dysfunctional politics, [Mitch] McConnell is openly defying the president as well as a large contingent of GOP senators by refusing to bring the measure [on criminal justice reform] to a vote before the current session ends. The irony of McConnell's spiking the only idea that has a sliver of merit from the White House is a bright-line example of just how dysfunctional Congress has become. Even though this criminal reform legislation is favored by President Donald Trump and key White House insiders, a significant number of GOP lawmakers, and nearly all of the Democrats in Congress, its chances of passage are doomed because the Senate's top Republican doesn't like the bill." --s (Also linked yesterday afternoon.)

** Sharon Lerner of The Intercept: "A new water rule will greatly reduce federal water protections, imperiling drinking water, endangered species, and ecosystems across the country. According to the rule that the Environmental Protection Agency is expected to release next week -- some details of which were leaked Thursday -- streams that are dependent on rainfall and wetlands not physically connected to year-round waterways will no longer be covered by the Clean Water Act. As a result of the change, an estimated 60-90 percent of U.S. waterways could lose federal protections that currently shield them from pollution and development, according to Kyla Bennett, director of science policy at Public Employees for Environmental Responsibility.... By removing water quality standards and permitting requirements, the rule will open these streams, rivers, and wetlands to being paved over, filled in, or polluted." --s (Also linked yesterday.)

"I wouldn't be as big as I am today without chocolate milk." -- Ag Secretary Sonny Perdue, "justifying" the lowering of school lunch standardsWhat's Next? Wonder Bread & Kool-Aid? Julia Jacobs of the New York Times: "This week, the United States Department of Agriculture announced its final plans to lower nutrition standards for grains, flavored milks and sodium in school cafeterias that were part of the Healthy, Hunger-Free Kids Act of 2010 and that Michelle Obama, the former first lady, had advocated."

Election 2018

Michigan, Etc. Emma Roller of The Intercept: "Wisconsin isn't the only state where Republicans have been ramping up efforts to negate the will of voters -- it's becoming part of the GOP's regular playbook. In Michigan, a lame-duck push by the GOP is also seeking to neuter incoming Democratic elected officials. The same thing happened in North Carolina in 2016.... Republicans' message is consistent: If elections don't go the way they want, then they have no intention of respecting the results. In their minds, voters who don't support Republican candidates are illegitimate, for the simple fact that they don't support Republicans. This circular thinking isn’t an aberration within the GOP -- it's the foundation for all of their machinations. And more naked power grabs like this are sure to come in the next two years, as Republicans continue to feel their popular support slip out from under them." --s (Also linked yesterday afternoon.)

North Carolina. Popular Information: "The election scandal engulfing North Carolina's 9th district, where Republican Mark Harris leads Democrat Dan McCready by 905 votes, took an unusual turn on Friday night. Jens Lutz, the Vice Chair of the Bladen County Board of Elections abruptly resigned, WBTV reports.... Why? We don't know for sure but it may be related to his extensive connections to Leslie McCrae Dowless, the convicted felon at the center of the election fraud scandal in the 9th District." (Also linked yesterday afternoon.)

Way Beyond the Beltway

Adam Nossiter, et al., of the New York Times: "A fourth weekend of antigovernment protests in France turned violent again on Saturday, with demonstrators in Paris burning cars and ripping down barricades from store fronts, while the riot police fired tear gas and water cannons to control the crowds. The so-called Yellow Vests descended on the capital by the thousands, even as the police turned out in force, blocking off roads and monuments. Nearly 1,400 people were arrested nationwide. In Paris, many were detained before they could even reach the central site of the demonstrations along Paris’s main artery, the Champs-Élysées."

Natalie Lung of Bloomberg: "China’s trade surplus with the U.S. hit a record in November, even as overall export growth slowed amid waning global demand and uncertainty about a constructive resolution to the trade war." --s (Also linked yesterday afternoon.)

News Lede

CNN: "Treacherous driving conditions and canceled flights could keep residents stuck at home for days as a nasty mix of snow and ice grip the Southeast. 'Over 20 million people are under winter weather alerts, over 8 million people are under a flash flood threat, and over 9 million people are under wind advisories,' CNN meteorologist Haley Brink said Sunday.... More than 12 inches of snow will fall Sunday in the southern and central Appalachians, the National Weather Service said. Snowfall could total 12 to 20 inches over the Appalachians and into the Carolinas by Monday, when the storm is expected to move off the coast, the agency said."