The Commentariat -- October 10, 2018
Afternoon Update:
... Glenn Kessler of the Washington Post: "President Trump wrote an opinion article for USA Today on Oct. 10 regarding proposals to expand Medicare to all Americans -- known as Medicare-for-All -- in which almost every sentence contained a misleading statement or a falsehood."
Devlin Barrett & Karoun Demirjian of the Washington Post: "FBI Director Christopher A. Wray defended his agents' handling of a background investigation into then-Supreme Court nominee Brett M. Kavanaugh, saying that it was 'limited in scope' and followed standard procedures. Wray was pressed at a Senate hearing by Sen. Kamala D. Harris (D-Calif.) about how much direction FBI agents received from the White House when they conducted a supplemental background investigation into claims by a California professor that Kavanaugh attempted to sexually assault her when the two were teenagers.... Harris then asked if the FBI examined whether Kavanaugh may have misled Congress in his public testimony. 'That's not something I could discuss here,' Wray said.... He could not answer whether White House counsel Donald McGahn played a role in discussions between the White House and the FBI about the investigation, saying only that he was told the FBI's Security Division coordinated the effort with the White House Office of Security."
Lee Moran of the Huffington Post: "Don't expect to find any flattering biographical information about newly-minted Supreme Court Justice Brett Kavanaugh on his namesake website domain. Instead, visitors to BrettKavanaugh.com are invited to click on links to resources for survivors of sexual assault. Kavanaugh ... failed to secure his name's URL and it was scooped up by Fix The Court, a judicial reform organization. The site also links to the websites of the National Sexual Violence Resource Center, the End Rape on Campus organization and the Rape, Abuse & Incest National Network (RAINN)."
Zoe Tillman of BuzzFeed News: "A California man who pleaded guilty to selling fraudulent bank account numbers -- information that special counsel Robert Mueller's office says was used to finance Russian election interference efforts -- was sentenced Wednesday to six months in prison followed by six months of home detention. Richard Pinedo, 28, wasn't accused of knowingly helping Russian companies and individuals accused of orchestrating campaigns to influence the 2016 presidential election. But his fraud scheme nevertheless landed him in the middle of the special counsel's investigation."
Natasha Bertrand of the Atlantic: "In a motion to dismiss a new lawsuit accusing ... Donald Trump's campaign team of illegally conspiring with Russian agents to disseminate stolen emails during the election, Trump campaign lawyers have tried out a new defense: free speech. The lawsuit, filed last month by two donors and one former employee of the Democratic National Committee, alleges that the Trump campaign, along with former Trump adviser Roger Stone, worked with Russia and WikiLeaks to publish hacked DNC emails, thereby violating their privacy. But the Trump campaign -- represented by [attorneys] of the law firm Jones Day -- responded in a brief filed Tuesday that the campaign can't be held legally responsible for WikiLeaks's publication of the DNC emails. Furthermore, the Trump lawyers argued, the First Amendment protects the campaign's 'right to disclose information -- even stolen information -- so long as (1) the speaker did not participate in the theft and (2) the information deals with matters of public concern.' The motion's language seems to further an argument made by Trump and his allies...: namely, that collusion, even if it involved the coordinated release and exploitation of a candidate's emails during the presidential election, is not a crime."
Jesse McKinley & William Rashbaum of the New York Times: "The operator of a limousine company at the center of an investigation of the crash in upstate New York that killed 20 people was arrested Wednesday and charged with criminally negligent homicide, according to the State Police. Nauman Hussain, the son of a Shahed Hussain, the owner of Prestige Limousine, was taken into custody by the State Police during a traffic stop on a highway in the Albany area."
What $25MM in Campaign Donations Will Get You. Justin Elliott of ProPublica: The morning after he dined at the White House with Trump, Kushner & Rex Tillerson, Sheldon Adelson "attended a breakfast in Washington with [Japanese Prime Minister Shinzo] Abe and a small group of American CEOs, including two others from the casino industry." Japan has recently legalized casinos, & Adelson wanted a big piece of the action. "Adelson and the other executives raised the casino issue with Abe, according to an attendee.... During a meeting at Mar-a-Lago that weekend, Trump raised Adelson's casino bid to Abe, according to two people briefed on the meeting.... Trump told Abe he should strongly consider Las Vegas Sands for a license.... The president raising a top donor's personal business interests directly with a foreign head of state would violate longstanding norms.... [Adelson's] reputation as an Israel advocate has obscured a through-line in his career: He has used his political access to push his financial self-interest.... Not only has Trump touted Sands' interests in Japan, but his administration also installed an executive from the casino industry in a top position in the U.S. embassy in Tokyo. Adelson's influence reverberates through this administration.... Adelson has spent the Trump era hustling to expand his gambling empire. With Trump occupying the White House, Adelson has found the greatest political ally he's ever had."
Mrs. McCrabbie: I would be a pretty horrible person if I picked on 8-year-olds. But, but what if the 8-year-old grew up to be a guy who saw fit to imprison 8-year-olds and separate them from their parents? So... Nikki Fiske, third-grade teacher, as told to Benjamin Svetkey of the Hollywood Reporter: "Do you remember that character in Peanuts, the one called Pig Pen, with the dust cloud and crumbs flying all around him? That was Stephen Miller at 8. I was always trying to get him to clean up his desk -- he always had stuff mashed up in there. He was a strange dude. I remember he would take a bottle of glue -- we didn't have glue sticks in those days -- and he would pour the glue on his arm, let it dry, peel it off and then eat it.... He had such strange personal habits. He was a loner and isolated and off by himself all the time."
*****
Stephanie Ebbs of ABC News: "The day after an international panel of scientists issued a stark warning about the short window in which world leaders can act to avoid catastrophic climate change, the president of the United States didn't comment on whether the U.S. accepts or will act on the findings. A panel of more than 90 scientists under the United Nations published a report warning that the world has about 12 years to drastically reduce carbon emissions before the impact of climate change could become irreversible. When asked about the report on the White House lawn..., Donald Trump said he will be looking at it. 'It was given to me. And I want to look at who drew it. You know, which group drew it. I can give you reports that are fabulous, and I can give you reports that aren't so good. But I will be looking at it, absolutely,' he told reporters." ...
... Mrs. Bea McCrabbie: Of course "looking at it" does not mean "reading it," because Donald Trump never reads anything, and the report has a lot of words in it. Also graphs & charts, which are technically pictures, but they're complicated. Also, too, the Intergovernmental Panel on Climate Change, which prepared the report, not only has the words "climate" and "change" in its name, it shared the 2007 Nobel Peace Prize with Al Gore. So, you know, not a chance the Trump administration will endorse it. Ebbs' report, BTW, suggests Trump left the report "on the White House lawn," so that's nice it can biodegrade. ...
... Annals of "Journalism," Ctd. Kyla Mandel of ThinkProgress: "The majority of the top 50 newspapers across the country did not feature any homepage coverage of a landmark United Nations climate change report after its release. Analysis by nonprofit Media Matters for America looked at the highest-ranked newspapers (according to their Sunday circulation) in the U.S. to see whether the websites' main page linked to coverage [of the report].... But on Monday morning, just 22 out of the 50 papers had a prominent story about the report on their homepage.... Of the 28 newspapers that did not feature coverage of the report, many are published in areas at high risk of suffering some of the worst effects of climate change, Media Matters points out." --s
Jill Colvin & Zeke Miller of the AP: "Chants of 'Lock her up!' rang once again throughout an Iowa arena as ... Donald Trump rallied supporters Tuesday night. But this time, the staple of Trump's 2016 campaign against Democrat Hillary Clinton had a new target: California Sen. Dianne Feinstein. Trump, who was in the state boosting Republican candidates ahead of the Nov. 6 midterm elections, claimed that Feinstein, the ranking Democratic member of the Senate Judiciary Committee, had leaked a letter written by California professor Christine Blasey Ford alleging Supreme Court Justice Brett Kavanaugh had sexually assaulted her when they were teenagers. Feinstein has denied her office was the source of the leak. 'Can you believe that?' Trump said, as his supporters turned the chant once deployed against the former secretary of state on another Democratic woman. 'Did she leak that? 100 percent,' Trump said, adding: 'I don't want to get sued, so 99 percent.' In a statement, Feinstein called Trump's remarks 'ridiculous and an embarrassment.'" ...
... Matthew Choi of Politico: "... Donald Trump on Tuesday further outlined his conspiracy theory that protesters were hired to oppose Supreme Court Justice Brett Kavanaugh's confirmation.... 'The paid D.C. protesters are now ready to REALLY protest because they haven't gotten their checks - in other words, they weren't paid! Screamers in Congress, and outside, were far too obvious - less professional than anticipated by those paying (or not paying) the bills!' Trump tweeted.... Trump has yet to put forth any evidence to back up his claim of widespread paid protesters." (Also linked yesterday.) ...
... The POTUS* Really Is Very Stupid. Avi Selk of the Washington Post, upon doing some sleuthing, has figured out where Trump got this bit of nonsense. "The base layer is the false premise that hundreds of protesters who swarmed the Capitol during Justice Brett M. Kavanaugh's Supreme Court confirmation hearings were 'paid professionals only looking to make Senators look bad,' as Trump put it in another pronouncement last week, in contradiction to all known facts." Trump sent the tweet about a half-hour after "Fox & Friends" held a discussion about the protests. As part of the discussion, in what was clearly a joke, guest Asra Nomani said: "People have sent me lots of messages that they're waiting for their check." Dense Donald took that seriously.
Greg Sargent: "When Trump purports to apologize to Kavanaugh on behalf of the 'nation' while sneeringly dismissing those claims, eve as a majority opposes Kavanaugh and believes those charges, Trump is -- unwittingly or not -- highlighting the degree to which this episode represents the further entrenchment of minority rule. With Kavanaugh now on the court, this could very well get worse. The New York Times reports that Trump's unusual public apology to Kavanaugh is actually part of a broader strategy of using the battle over his confirmation to enrage and galvanize conservative voters in the midterm elections. Trump injected partisan politics into the swearing in of a Justice who is supposed to remain neutral, for the explicit purpose of polarizing the country in ways he thinks will benefit his party. But when Trump uses the term 'nation,' it should be understood in the way that exclusionary populist demagogues (of which Trump is one) generally employ such formulations: Trump is, in effect, defining the nation to exclude the Americans who are deeply troubled by Kavanaugh, the charges against him, and the larger debate it encompasses." (Also linked yesterday.) See also Eric Levitz's post, linked below.
Matt Zapotosky, et al., of the Washington Post: "Soon after Deputy Attorney General Rod J. Rosenstein suggested using a wiretap to record President Trump's communications, then-acting FBI Director Andrew McCabe went to the bureau's top lawyer seeking advice on what he had just heard. Rosenstein, McCabe told the lawyer, wanted to furtively tape the president to help explore whether Trump had obstructed justice. How, McCabe asked, should the FBI respond to the outlandish proposition? The lawyer, James Baker, dismissed the idea, according to people familiar with the episode.... But importantly, Baker told congressional investigators last week that the deputy attorney general's suggestion was presented to him by senior FBI officials as being serious -- raising questions about Rosenstein's assertions to the contrary.... This week, Rosenstein is scheduled to talk to congressional investigators about the 2017 episode that nearly cost him his job after it was revealed in news accounts last month. The high-stakes interview with some of the president's closest Republican allies could again put the deputy attorney general in the hot seat...."
Jonathan Chait: "[T]he scope of possibilities for what Robert Mueller might uncover continues to broaden. Saturday, The Wall Street Journal updated one of the most curious side plots in the investigation: the role of Peter W. Smith, a Republican activist who in 2016 sought Hillary Clinton's emails from the State Department on behalf (according to Smith) of Trump's then-adviser Michael Flynn.... Smith died in 2017, very shortly after being contacted by a reporter, bearing a suicide note.... But it is looking increasingly plausible that somebody in fact killed him. Monday, The New Yorker published an investigation by Dexter Filkins [linked below] into the connection between the Russian Alfa Bank and the Trump Organization.... The final and perhaps most intriguing development is last week's explosive New York Times account of Donald Trump's fraudulent tax schemes.... It shows that Trump is willing not merely to skirt the law but to blatantly violate it. It reveals that he has been able to harbor enormous secrets even in the face of constant media coverage. And, most directly, it raises unanswered questions about his mysterious financial methods." --s ...
... Dexter Filkins of the New Yorker has a long piece on what we know (and don't) about the shady Trump. Org.-based server communicating only with the Russian Alfa Bank and "Spectrum Health ... closely linked to the DeVos family". A highlight: "For some, the most baffling part of the puzzle was the way that the lookups [of the servers] stopped. The Trump domain vanished from the Web on the morning of Friday, September 23rd, two days after the Times presented its data to B.G.R., Alfa Bank's lobbyists in Washington, but before it called Trump or Cendyn. In [an anonymous data specialist] view, this was evidence of direct contact between Alfa Bank and Trump. One researcher ... put it vividly: 'The knee was hit in Moscow, the leg kicked in New York.'... Alfa Bank's servers continued trying to look it up.... Spectrum Health's machine kept trying, too.... Spectrum never succeeded in relocating the Trump server -- but Alfa did. On the night of Tuesday, September 27th... it looked up the domain name trump1.contact-client.com -- which was, it turned out, another route to the same Trump server." --s ...
... Mrs. Bea McCrabbie: Rachel Maddow did a segment on the Alfa Bank-Trump server connection that (a) put it in context & (b) should make you even madder at Jim Comey than you already were, even tho Maddow doesn't mention Comey's name. The New York Times, despite its infamous headline "clearing" Trump, knew in October 2016 that the FBI had an open investigation of that connection. However, the FBI asked the Times not to report out what it knew about the investigation because the FBI said it would compromise that investigation. This was at the very same time the FBI director wrote a letter to Congressional Republicans, 100% guaranteed to be leaked immediately, that the FBI was reopening -- for no good reason, BTW -- its investigation of Hillary's server. So one server investigation was a deep, dark secret, & the other one had to be announced to Congress immediately. And thanks, Obama, for appointing a Republican FBI director. ...
Maggie Haberman of the New York Times: "President Trump's ambassador to the United Nations, Nikki R. Haley, said on Tuesday she would resign at the end of the year, marking a high-profile departure of one of the few women in the president's cabinet.... The timing irked some West Wing aides, who saw the announcement as taking attention away from the swearing-in of Justice Brett M. Kavanaugh and his first day at the Supreme Court." (Also linked yesterday.) The story has been updated with Mark Landler & Edward Wong added to the byline. ...
... Aaron Blake of the Washington Post: "President Trump and [Ambassador] Haley held a quickly arranged media availability Tuesday morning in the White House, shortly after Axios's Jonathan Swan broke the news of her impending exit. Haley said her resignation was simply about needing a break after six years as South Carolina governor and two at the United Nations, and Trump said Haley even previewed a desire to leave as long as six months ago. The two were obviously eager to downplay the idea that this was hasty. But if it wasn't, that might make the timing even odder.... Haley's exit is due at the end of the year, which means she'll be around for as many as 12 more weeks. But she and the White House chose to announce this four weeks before the 2018 election?... Update: Haley's resignation letter is dated Oct. 3..., which ... was also a day after Trump mocked Christine Blasey Ford at a rally, though there's no indication this had anything to do with Haley's departure." ...
... Mrs. McCrabbie: Maybe Haley quit because the remote didn't work on the $52K curtains just installed in her NYC residence.
Tierney Sneed of TPM: "An appeals court on Tuesday filed an order allowing the deposition of Commerce Secretary Wilbur Ross [about his decision to add a citizenship question to the 2020 Census] to proceed, but put the order on hold for 48 hours so that it could be appealed to the Supreme Court." --safari: Quick Kavanaugh, help out your team and stick it to Hillary!!! ...
... Update. Andrew Chung of Reuters: "The U.S. Supreme Court late on Tuesday temporarily blocked an order forcing Commerce Secretary Wilbur Ross to be questioned this week by lawyers for states suing over his decision to ask respondents to the 2020 census whether they are citizens. In a brief order issued on Tuesday night, Justice Ruth Bader Ginsburg put the looming depositions of Ross and a top Justice Department official, John Gore, on hold while the high court further considers the government's request to shield the officials from questioning." Newly-seated Justice Bart O'Kavanaugh appended a concurring opinion, which he titled "Let's Toast Notorious RBG," commending Ginsburg for "recognizing that unfettered presidential power extends to Cabinet officials, administration staff and all Fox News personnel except Shepard Smith and Neil Cavuto."
Alexander Kaufman of the Huffington Post: "Andrew Wheeler, the acting administrator of the Environmental Protection Agency, repeatedly engaged with inflammatory content on his personal Facebook and Twitter accounts over the past five years, including some in the past month. The previously-unreported interactions include liking a racist image of former President Barack Obama and First Lady Michelle Obama on Facebook and retweeting an infamous 'Pizzagate' conspiracy theorist.... The most incendiary interactions occurred before Wheeler, whose past social media activity has drummed up controversy before, became acting administrator.... In an email to HuffPost on Tuesday, Wheeler said he didn't recall liking the image of the Obamas and clicked on tweets from conspiracy theorists without reviewing the source.... American Bridge 21st Century, a Democratic political action committee, first uncovered the social media posts...."
** Peter Sullivan of the Hill: "The Trump administration is planning hours-long downtimes for maintenance on healthcare.gov during the coming ObamaCare sign-up period. The administration drew criticism for a similar move last year from advocates who said the downtime would hinder efforts to sign people up for coverage.... The maintenance schedule is the same as last year, the federal Centers for Medicare and Medicaid Services said Tuesday, meaning healthcare.gov is scheduled to be offline for maintenance from 12 a.m. to 12 p.m. each Sunday during the sign-up period, except for the final Sunday, for a total of 60 hours of downtime."
Strangers in a Strange Land. If the Trump Administration Can Muck up a Process, It Will. Julia Ainsley of NBC News: "Hundreds of migrant families seeking asylum in the U.S. were released from detention in Arizona this week without warning and without instructions on where to go, how to find relatives or travel to their court hearings. A senior Department of Homeland Security official told NBC News the release is 'the start of a dam breaking' as family detention facilities, which now hold thousands of migrants, reach capacity. U.S. Immigration and Customs Enforcement officers are releasing the families from detention en masse without following their usual protocol that ensures immigrants have a means to travel to their court hearing and reunite with potential relatives in the U.S. The adults have ankle monitors to track their whereabouts until their scheduled court date to make their case before a judge for asylum."
Eric Levitz of New York: "The Republican Party is the only thing standing between you and 'the left's angry mob' of ideological zealots (who are all, also, the hired hands of a foreign Jewish billionaire, and thus, aren't genuinely angry, or ideological, or zealous).... On one level, this is just bog-standard, bad-faith Republican messaging.... Republicans know that their best bet is to stoke the paranoid fears and cultural resentments of their base, through demagogic lies if necessary.... But if the GOP's arguments are hypocritical and ever-shifting, their actions are nonetheless consistent with an overriding principle: When conservatives exercise political power it is by definition legitimate [see: Tea Party turds, Bundy fuckups, etc.], when their opponents do, it is not." --s
Josh Israel of ThinkProgress: "As the nation watched the Senate Judiciary Committee meet to consider whether to rush through the nomination of Brett Kavanaugh, the House Republican majority was quietly passing the Protecting Family and Small Business Tax Cuts Act of 2018 -- a bill to make the Trump tax cuts for the rich permanent. According to the GOP-controlled Joint Committee on Taxation and the Congressional Budget Office, the bill would add another $545 billion to the federal budget deficit over the next decade.... A ThinkProgress review found that many of the vulnerable Republicans who voted for this latest unfunded legislation are also among those campaigning on their commitment to a balanced budget and/or a constitutional amendment to require one." --s
Elise Viebeck & Gabriel Pogrund of the Washington Post: "Long before Congress was consumed by the wrenching fight over sexual assault allegations against Brett M. Kavanaugh, lawmakers had promised to make the process fairer for those who accuse lawmakers or staffers of sexual misconduct. But nearly a year after the #MeToo era began, lawmakers have failed to deliver on that pledge -- and it is not clear when they will. Aides on Capitol Hill still have no choice but to report abusive behavior through a system that was widely decried last year as favoring lawmakers over employees who allege mistreatment. After lawmakers could not agree on a package of changes, they punted the issue until after the midterm elections -- which are now shaping up as a battle between the #MeTo movement and Republicans who say many accusations have gone too far.... The House and Senate each passed bills to address [staffers'] objections earlier this year, but key differences between them held up the process...."
Election 2018
For What It's Worth. Ella Nelson of Vox: "Nearly two-thirds of registered women voters polled by CNN said they were more likely to vote for Democrats this November: 63 percent voting for the Democratic candidate, compared to 33 percent who said they're more likely to vote for the Republican. Men, on the other hand, are narrowly more likely to vote for Republican candidates -- 50 percent of male voters said they were more likely to vote Republican, compared to 45 percent [for Democrats]." --s
Mitch Could Be in for a Surprise. Philip Bump of the Washington Post: "There are certainly signs that the partisan fight over Brett M. Kavanaugh's nomination to the Supreme Court goosed Republican enthusiasm for the midterm elections. 'This has actually produced an incredible surge of interest among these Republican voters going into the fall election,' Senate Majority Leader Mitch McConnell (R-Ky.) said to USA Today after the final vote to confirm Kavanaugh.... A survey by NPR, PBS NewsHour and Marist released last week indicated that McConnell's excitement might be warranted: After trailing Democrats in enthusiasm during the summer, Republican enthusiasm for voting has caught up. But that is only half the picture. More important is how those energized voters plan to cast their ballots -- and a new CNN-SSRS poll suggests that the most enthusiastic voters are not those Americans most interested in rising to Kavanaugh's defense.... Disapproval of Trump is higher among those who are more enthusiastic to vote, as is opposition to Kavanaugh's confirmation.... Those most enthusiastic about voting are much more negative on Kavanaugh [himself] than those not very enthusiastic about voting next month."
Elizabeth Dias of the New York Times: Democratic Rep. Beto O'Rourke, who is challenging Sen. Ted Cruz (R-Nasty) may garner support from "an under-the-radar web of white, evangelical women in Texas whose vote in November may be more up for grabs than at any time in the recent past. They are angry with many of Mr. Trump's policies, and frustrated because they feel their faith has been weaponized to support his agenda.... [Some] described Mr. O'Rourke as providing a stark moral contrast to Mr. Trump, whose policies and behavior they see as fundamentally anti-Christian, especially separating immigrant children from their parents at the border, banning many Muslim refugees and disrespecting women."
Lynzy Lab makes an argument for voting. The lyrics are here. Thanks to P.D. Pepe for the link:
Pema Levy of Mother Jones: "The Supreme Court on Tuesday upheld a lower-court order requiring voters in North Dakota to present certain forms of identification and proof of their residential address in order to cast a ballot in next month's elections. A case challenging this requirement on behalf of the state's sizable Native American populations alleged that the requirement would disenfranchise tribal residents, many of whom lack the proper identification and do not have residential addresses on their identification cards. The Supreme Court's order will likely make it harder for Sen. Heidi Heitkamp, considered the most vulnerable Democrat in the Senate, to retain her seat in November.... Justices Ruth Bader Ginsburg and Elena Kagan dissented.... Justice Brett Kavanaugh, who was sworn in on Monday, did not partake in the decision...." But he did a war whoop anyway.
Adam Liptak & Noah Weiland of the New York Times: "... Justice Brett M. Kavanaugh joined his new colleagues on the bench for the first time on Tuesday morning, taking a seat on the far right side of the bench, in the spot reserved for the most junior justice.... The court heard two hours of arguments in three cases, all concerning a complicated and ambiguous federal law that has long vexed the justices. The cases did not raise questions of high constitutional moment or involve deeply contested social issues, which may be just as well for a court that has sustained collateral damage from a confirmation fight marked by bitterness, distrust and raw partisanship.... The law under consideration in Tuesday's arguments, the Armed Career Criminal Act, is a kind of three-strikes statute. It requires stiffer sentences for people convicted of possessing firearms in federal court if they have earlier been found guilty of three violent felonies or serious drug charges." Although the subject was firearms, Justice Kavanaugh sat through arguments in all three cases without shooting anyone. ...
... Kelly Virella of the New York Times: "After the Senate's confirmation of Justice Brett M. Kavanaugh to the Supreme Court on Saturday, we asked women across the country to tell us how they were reacting. We heard from 40,000 people. Many of the women -- lawyers, teachers, home-schoolers, military spouses -- expressed anger and bitterness over the nomination fight and those on the other side of the political divide. They also told us what lessons from this confirmation they will pass down to the next generation. Here is a selection of their responses...."
Robinson Meyer of The Atlantic: "The law is magic, and perhaps nowhere is this more obvious than in environmental law. Through the consent of the people and the government's monopoly on violence, the mere words of American environmental law have reshaped matter, exerted mastery over nature, and granted an incredible gift -- extra years of healthy life -- to unknown and unknowing souls.... By the government's own accounting, the 1990 Clean Air Act has prevented 160,000 American adults from dying before their time....[Kavanaugh's] appointment will likely rank as President Donald Trump's most effective, longest-lasting, and most profound contribution to environmental law — which is no small feat, as the president has spent most of his time in office trying to dismantle the entire edifice.... On environmental questions ... [retired Justice] Kennedy held the swing vote: The Court only ruled on one environmental case during Kennedy's three-decade tenure, in which he did not vote in the majority.... Kavanaugh, a veteran of Republican party politics, will not prove as persuadable, and ... he favors an extremely strict reading of the laws that empower the EPA." --s
Jordan Robertson of Bloomberg: "A major U.S. telecommunications company discovered manipulated hardware from Super Micro Computer Inc. in its network and removed it in August, fresh evidence of tampering in China of critical technology components bound for the U.S.... The security expert, Yossi Appleboum, provided documents, analysis and other evidence of the discovery following the publication of an investigative report in Bloomberg Businessweek that detailed how China's intelligence services had ordered subcontractors to plant malicious chips in Supermicro server motherboards over a two-year period ending in 2015.... Bloomberg is not identifying the company due to Appleboum's nondisclosure agreement with the client.... Appleboum said his concern is that there are countless points in the supply chain in China where manipulations can be introduced, and deducing them can in many cases be impossible." --s
Beyond the Beltway
Benign Bribery. Todd Richmond of TPM: "A new Kimberly-Clark lobbyist and his wife gave [Wisconsin] Republican legislators and their supporters more than $4,000 in late August, a little more than a month before GOP leaders decided to reconvene to consider tax incentives for the Texas-based papermaker, campaign finance reports show. The donations came just weeks before ... the Legislature [was ordered to] reconvene in a lame-duck session following the Nov. 6 elections to consider a $100 million tax incentive bill for Kimberly-Clark. The company has said if it doesn't get the tax credits it will close a Fox Crossing plant that employs about 500 people." --s
Andy Newman, et al., of the New York Times: Shahed Hussain, the owner of the Upstate New York limo company whose unlicensed chauffeur ran a stop sign in a limo with multiple mechanical problems & killed 20 people (including himself), is an FBI informant with an extremely dodgy past. "An examination of Mr. Hussain's history, based on court records and interviews with those who dealt with him, shows a man who has spent the better part of two decades crossing back and forth from one side of the law to the other." Hussain is currently in Pakistan "dealing with health issues." Mrs. McC: Uh-huh. In case you are of the misimpression that the FBI recruits solid citizens for its sting ops, you will want to read the full article.
"Babysitting While Black." Brittany Miller of CBS 46 News Atlanta: "A white woman called the police on a black man as he babysat two white children. Corey Lewis documented the entire ordeal on Facebook Live.... He told CBS46 that the woman first stopped him in the parking lot of a Cobb county Walmart and asked him if the children were okay. He said she then came back and asked if she could speak with them. Lewis said no and that’s when the police were called. He said the woman continued to follow him.... Lewis said the woman followed him all the way home. Then a Cobb County police officer showed up. The officer questioned the 10-year-old and the 6-year-old before calling their parents. David Parker and Dana Mango were in disbelief.... Parker and Mango said they don’t believe that the woman was trying to protect their children because they never showed any signs of being in danger."
Way Beyond
David Kirkpatrick & Carlotta Gall of the New York Times: "Top Turkish security officials have concluded that the Saudi dissident Jamal Khashoggi was assassinated in the Saudi consulate in Istanbul on orders from the highest levels of the royal court, a senior official said Tuesday. The official described a quick and complex operation in which Mr. Khashoggi was killed within two hours of his arrival at the consulate by a team of Saudi agents, who dismembered his body with a bone saw they brought for the purpose. 'It is like "Pulp Fiction,"' the official said. Saudi officials, including Crown Prince Mohammed bin Salman, have denied the allegations, insisting that Mr. Khashoggi left the consulate freely shortly after he arrived. President Recep Tayyib Erdogan of Turkey has demanded that the Saudis provide evidence proving their claim." ...
... Martin Chulov of the Guardian: "Security camera footage was removed from the Saudi consulate in Istanbul and Turkish staff were abruptly told to take a holiday on the day the dissident journalist Jamal Khashoggi disappeared while inside the building, Turkish authorities have claimed.... Two corporate jets rented from a company frequently used by the Saudi government arrived in Istanbul on 2 October and left separately the same evening. One jet ... left for Cairo, and the second ... flew to Dubai. Flight tracking records show they both later continued to Riyadh.... There were signs that Turkish officials were unwilling to further incriminate the kingdom, with which Turkey has lucrative trade ties and attempts to maintain a delicate regional relationship.... Yasin Aktay, an adviser to the Turkish president, Recep Tayyip Erdoฤan, claimed 'the Saudi state is not blamed here', a marked shift in rhetoric that had earlier called for the kingdom to explain what had happened. 'We have our own problems with a deep state,' he told al-Araby in an interview. Earlier, Aktay had pointedly claimed that Khashoggi had been murdered by people sent from Riyadh." ...
... Mrs. McCrabbie: So is Donald Trump's no-nothing stance coincidental? It looks suspiciously as if our Dear Leader is colluding with the Saudis, just as the Guardian suggests Turkey is. Autocrats stick together (until they don't). ...
... Dana Milbank: "'I know nothing right now [about Jamal Khashoggi's disappearance and probably murder],' Trump [said], as if the world's most powerful man, with a vast intelligence apparatus on retainer, were just another passive consumer of Fox News.... At the United Nations just a couple of weeks ago, he called King Salman 'a great guy' and praised the kingdom's 'bold new reforms.' His administration previously cleared the Saudis to buy billions of dollars in U.S. military hardware.... Khashoggi's disappearance puts on display the utter amorality of Trump's foreign policy, a transactional policy befitting a real estate developer, not a superpower.... Trump has already looked the other way as Saudi Arabia effectively kidnapped Lebanon's prime minister, provoked confrontation with Qatar and caused mass carnage in Yemen's civil war. In August, after a Saudi-led missile strike killed dozens of schoolchildren, a U.S. official, asked by reporters about the American role in the strike, replied: 'Well, what difference does that make?'" ...
... Washington Post Editors suggest Trump's embrace of the Saudi leadership has encouraged their lawlessness. Mrs. McC: Yesterday, Nikki Haley called Jared Kushner a "hidden genius" (but misunderstood!). Does that include Jared's being "in the pocket" of Prince-and-then-King Salman?
Isabel Debre of the AP: "In a groundbreaking case, Israel has detained an American graduate student at its international airport for the past week, accusing her of supporting a Palestinian-led boycott campaign against the Jewish state.... The grassroots campaign has made significant inroads in recent years, particularl among university students and millennials. Lara Alqasem, a 22-year-old U.S. citizen with Palestinian grandparents, landed at Ben-Gurion Airport last Tuesday with a valid student visa. But she was barred from entering the country and ordered deported, based on suspicions she is a boycott supporter. An Israeli court has ordered that she remain in custody while she appeals. The weeklong detention is the longest anyone has been held in a boycott-related case.... In the meantime, she has been spending her days in a closed area with little access to a telephone, no internet and a bed that was infested with bedbugs, according to people who have spoken to her. Alqasem, from the Fort Lauderdale suburb of Southwest Ranches, Florida, is a former president of the University of Florida chapter of Students for Justice in Palestine. The group is a branch of the BDS movement, whose name comes from its calls for boycotts, divestment and sanctions against Israel."
News Ledes
The New York Times is live-updatting Hurricane Michael coverage here. "Hurricane Michael opened its bombardment of the Florida Panhandle on Wednesday morning, with wind and rain beginning to batter the coastline hours before the strengthening Category 4 storm was expected to make landfall with astonishing power. The authorities warned that it was too late to flee the storm, which the National Hurricane Center described as 'potentially catastrophic' with maximum sustained winds of 150 miles per hour." ...
... New York Times: "Hurricane Michael strengthened into a Category 4 storm on Wednesday, packing 130 mile-per-hour winds and on a path to make landfall in the Florida Panhandle as the most powerful hurricane to strike the mainland United States so far this year.Forecasters expect its lashing winds to become more powerful along the coastline on Tuesday, worsening as the storm draws closer and makes landfall on Wednesday. Governors in at least three states have declared emergencies, and the local authorities are urging people to evacuate or to fortify their homes ahead of the storm." ...
... The Washington Post "has removed article limits on coverage of Hurricane Michael to make these stories available without a subscription."