The Commentariat -- August 23, 2014

Internal links removed.

Michael Shear of the New York Times: "Benjamin J. Rhodes, the deputy national security adviser ... to President Obama, vowed Friday that the United States would 'do what is necessary' in Syria to protect American interests and said that direct military action was possible against the Islamic State in Iraq and Syria, known as ISIS." ...

... Anne Barnard of the New York Times: "The extremist militants of the Islamic State in Iraq and Syria have attacked Syrian troops with new ferocity in recent weeks, taking over three northeastern military bases, beheading scores of soldiers and seizing new territory. The jihadist offensive has prompted some panicked supporters of the Syrian government to sharply criticize the leadership, questioning why it appeared to allow ISIS to build a base in the northern Syria province of Raqqa over the last year while claiming the Syrian Army was fighting terrorism."

Adam Taylor of the Washington Post on the logic of not paying ransoms.

Natalia Zinets and Dmitry Madorsky of Reuters: "The United States demanded Moscow remove an aid convoy it sent into rebel-held eastern Ukraine without permission on Friday, accusing Russia of a flagrant violation of the sovereignty of its former Soviet neighbor and threatening more sanctions.... NATO's top military commander said the movement of trucks looked like a disguised attempt to reinforce separatist forces. The Western defense alliance said Russian troops had been firing artillery across the border and within Ukraine in a major escalation of military support for pro-Moscow rebels since mid-August, a defacto charge that Russia was already waging war."

Sahil Kapur of TPM: "The Obama administration rolled out a plan on Friday to protect access to copay-free birth control for women in response to the Supreme Court's Hobby Lobby ruling. A new 'proposed rule' by the Department of Health and Human Services lets female employees of for-profit businesses, like Hobby Lobby, obtain birth control directly from their insurer, at no extra cost, if their boss opts out of covering the service in the company's insurance plan for religious reasons. The move extends an accommodation that already exists for non-profit organizations, which are allowed to refuse to cover for birth control.... The religious owners can pass the cost on to the insurer so that they're no longer complicit in what they view as sin.... In the same announcement, HHS also unveiled an interim rule tweaking the nonprofit accommodation, in an effort to put an end to a separate lawsuit against it. Instead of informing the insurer or third-party administrator directly, the new rule says, an objecting employer will have to notify the government, which will inform the insurer." ...

... digby: "I wonder how they're going to react now. Because we know that this isn't really about them violating their conscience don't we? It's about preventing women from getting birth control. I'm sure they have something else up their sleeves." ...

... Irin Carmon of NBC News: "... it's far from clear that the new accommodations will mollify all of the plaintiffs now that it's clear the end result will be women getting no-cost contraception.... Marty Lederman, a professor at Georgetown Law School who has written extensively about the contraceptive cases, wrote in July of the letter option, 'I think it is likely that most of those organizations will not be satisfied: They will argue that such a "fix," too, violates their rights under RFRA, because their act of opting out will continue to establish the legal authority for the government to require another party to provide coverage.'" CW: Exactly. The plaintiff's case, in a nutshell: If sinful, libidinous sluts insist on sleeping around, God has the right to make them have babies.

Jim Finkle & Mark Hosenball of Reuters: "A cyber attack at a firm that performs background checks for U.S. government employees compromised data of at least 25,000 workers, including some undercover investigators, and that number could rise, agency officials said on Friday. The breach at Falls Church, Virginia-based US Investigations Services (USIS) exposed highly personal information of workers at the Department of Homeland Security's headquarters as well as its U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection units...."

Nate Raymond & Jonathan Stempel of Reuters: "Goldman Sachs Group Inc has agreed to a settlement worth $1.2 billion to resolve a U.S. regulator's claims the bank sold Fannie Mae and Freddie Mac faulty mortgage bonds, the regulator announced Friday. Under the settlement with the Federal Housing Finance Agency, the conservator for the two government-controlled mortgage finance companies, Goldman Sachs said it agreed to pay $3.15 billion to repurchase mortgage-backed securities from Fannie and Freddie.

Jesse Byrnes of the Hill: "Senate Majority Leader Harry Reid (D-Nev.) on Friday issued an apology for cracking two Asian-themed jokes during a speech Thursday night at the Las Vegas Asian Chamber of Commerce. 'My comments were in extremely poor taste and I apologize. Sometimes I say the wrong thing,' Reid said in a statement to The Hill." ...

... Aaron Blake of the Washington Post: "Reid has also made a career out of saying such odd things -- so much so that few tend to notice stuff like this. He's like Joe Biden; he's almost built up a gaffe immunity by committing so many small-ish gaffes." Blake has a short list of Harry's Greatest Gaffes.

Washington Post Editors: We will no longer use the term "Redskins" to describe the D.C. football team. ...

... Annys Shin of the Washington Post: "The editorial board is separate from the news-gathering side of the organization, which Executive Editor Martin Baron said will continue to use the team's moniker."

Annals of "Journalism," Ctd. Steve M. makes a good point: Rand Paul gets good press because the press corps is always "desperate for a Republican to love." (CW: Think of former "maverick" John McCain.) ...

... CW: I'd add this: The press's desperation to find lovable Republicans may be a product of its need to continue writing those formulaic he-said/she-said stories. It's hard, for instance, to write a story about climate change policy when the "she-said" side consists of climate change deniers like Sen. Marco I'm-Not-a-Scientist Rubio (R-Fla.). He-said/she-said stories are the practical applications of a theoretical journalistic standard of objectivity. In adhering to this model, the reporter is prohibited from writing, "Sen. Kirsten Gillibrand (D-N.Y.) said blah-blah. Sen. Jim Inhofe (R-Okla.) retorted blah-blah, which is a laughably ignorant crock."

Beyond the Beltway

St. Louis Post-Dispatch: "On a night of sultry heat, about 150 protesters gathered enough steam for one brief but lively march down West Florissant Avenue late Friday. They turned back when police cars blocked the road. No arrests were reported. Until that only march of the night after 10 p.m., protesting had been sporadic, with crowds small all evening. Friday's gathering, nearly two weeks after Ferguson police officer Darren Wilson fatally shot Michael Brown, 18, was peaceful. Through the night, the numbers of marchers, police and news reporters was down significantly from the assemblies of the previous nights."

I personally believe in Jesus Christ as my lord savior, but I'm also a killer. I've killed a lot. And if I need to, I'll kill a whole bunch more. If you don't want to get killed, don't show up in front of me, it's that simple. I have no problem with it. God did not raise me to be a coward. -- St. Louis County Police Officer Dan Page, in a video of a speech delivered at a 2012 Oath Keepers meeting

Jon Swaine of the Guardian: "A police officer involved in the protests over Michael Brown's death in Ferguson, Missouri, has been relieved of his duty after video surfaced of him describing black people as 'little perverts' and Barack Obama as an illegal immigrant. Dan Page -- who was seen live on CNN earlier this week threatening to arrest the network's anchor Don Lemon -- was recorded in April giving a speech in which he railed against Muslims and gay people, saying: 'I'm into diversity -- I kill everybody.'" ...

... St. Louis Post-Dispatch: "Also Friday, Glendale Police Officer Matthew Pappert was suspended after posting on Facebook that the Ferguson protesters were 'a burden on society and a blight on the community,' according to posts preserved by news and opinion website 'The Daily Caller.' Another post that appears to come from Pappert says the 'protestors should have been put down like rabid dogs the first night.'" The story has more on St. Louis County police officer Dan Page, including comments from Chief Jon Belmar. ...

... CW: With the attitude apparently common among the St. Louis area police cohort, it is hardly any wonder that white policemen shoot & abuse black men & others for specious "reasons." ...

... Tim Bross of Bloomberg News: "The Missouri grand jury that will decide whether to indict Ferguson police officer Darren Wilson for the shooting death of Michael Brown includes nine whites and three blacks, a state court judge said.... The prosecuting attorney has no role in the selection of the jurors, according to Paul Fox, the judicial administrator for St. Louis County, which doesn't include the city of the same name. [Judge Carolyn] Whittington today ordered the release of the current grand jury's makeup. Fox said that the racial breakdown of the grand jury roughly reflects the makeup of the county." ...

... Michael Wines & Frances Robles of the New York Times: "Much remains in dispute about Officer [Darren] Wilson's fatal shooting of Michael Brown, the 18-year-old whom he stopped as Mr. Brown was walking home about noon on Aug. 9. But the question of whether Officer Wilson's actions were objectively reasonable will likely be at the crux of that debate." ...

... A Report that Isn't. Jason Sickles of Yahoo! News: "A police report on the death of Michael Brown is missing key information and violates Missouri open records laws, an ACLU attorney told Yahoo News on Friday. The two-page document, which the Ferguson Police Department released only after pressure from journalists and civil liberties advocates, is largely redacted or left blank. The most egregious omissions are the victim's name and a description of the offense -- the fatal shooting of Brown."

From earlier this week:

Matt Zapotsky, et al., of the Washington Post: "A day after portraying his wife, Maureen McDonnell, as the troubled instigator of his entanglements with wealthy businessman Jonnie R. Williams Sr., former Virginia governor Robert F. McDonnell on Friday said that Williams, too, had led him astray. 'I misjudged Jonnie Williams,' McDonnell (R) testified at his public corruption trial. 'I thought he was a true friend. I had no idea that he would come into federal court and make false statements against me to save himself.' ... In each case, after blaming his wife for initiating such [financial] arrangements [with Williams], McDonnell spent even more time detailing his role in finalizing them." CW: What a weasel. ...

... Gail Collins: "Bob McDonnell has told the jury a lot about his firmness in rejecting some of the goodies that Maureen wanted -- like a designer dress for the inaugural. However, he seems to have been far less resolute when Jonnie Williams was doling out things he liked: a luxury vacation, or the use of a private jet. McDonnell told his sons to give back expensive golf clubs (the sons ignored him), but then he accepted a custom golf bag for himself." CW: And the Rolex!

... BUT maybe Bob's defense should be that all Republican governors are crooks. ...

Illustration by Donkey Hotey.Adam Nagourney & Michael Barbaro of the New York Times: "Gov. Scott Walker of Wisconsin played a greater role than previously known in arranging for wealthy contributors to donate to a powerful conservative organization in his home state as it battled a two-year campaign to recall Mr. Walker and Republican lawmakers, according to court documents released Friday.... The investigation has pulled back the curtain on the ways politicians and their aides seek to get around the welter of state and national campaign finance restrictions to accommodate donors, and it has clouded the White House prospects of Mr. Walker." ...

... Patrick Marley, et al., of the Milwaukee Journal Sentinel: "Gov. Scott Walker prodded outside groups and individuals to funnel millions of dollars into Wisconsin Club for Growth -- a pro-Walker group directed by his campaign adviser -- during the recall elections in 2011 and 2012, according to court documents unsealed for a short time Friday afternoon. The documents form much of the basis for prosecutors' theory that Walker's campaign and conservative groups illegally cooperated to help him and other Republicans. Walker and the groups deny they broke any laws, noting two judges have sided with them. Among the funds that flowed into the Wisconsin Club for Growth was $700,000 from a company trying to build a massive open-pit iron mine in northern Wisconsin. Soon after the 2012 recall and general elections, Walker and Republicans eased environmental regulations, helping the firm." ...

... The documents are here.

Patrick McGreevy of the Los Angeles Times: "California lawmakers Friday passed a bill to get police officers who check on troubled individuals to find out whether they own guns, a response to the rampage near UC Santa Barbara last spring that left seven people dead and 13 wounded."

Jonathan Cooper of the AP: "The state of Oregon filed a lawsuit Friday against Oracle America Inc. and several of its executives over the technology company's role in creating the troubled website for the state's online health insurance exchange. The lawsuit ... alleges that Oracle officials lied, breached contracts and engaged in 'a pattern of racketeering activity.' Oracle was the largest technology contractor working on Oregon's health insurance enrollment website, known as Cover Oregon. The public website was never launched, forcing the state to hire hundreds of workers to process paper applications by hand. The website's failure became a political problem to Democratic Gov. John Kitzhaber, who is running for re-election."

News Ledes

AFP: "Islamist fighters in the Fajr Libya (Libyan Dawn) coalition said on Saturday they have captured Tripoli's battered international airport after many days of clashes with nationalist militiamen."

New York Times: "The huge scale of the fraud [in the Afghan elections] -- involving perhaps more than two million ballots out of roughly eight million reported cast, according to independent international estimates -- has stymied efforts to achieve a democratic transition. Secretary of State John Kerry has intervened twice to keep the campaigns in agreement on a unity government and a complete audit of the vote, but the process has repeatedly broken down in disputes."

Washington Post: "White-tarped trucks from the controversial Russian convoy that provoked a dramatic escalation of the conflict between Russia and Ukraine began returning to Russian territory Saturday after delivering supplies to the war-torn city of Luhansk, as German Chancellor Angela Merkel arrived in the capital Kiev for a symbolic show of support and behind-the-scenes efforts to ease rising tensions. Russia had sent the aid convoy of over 200 trucks into rebel-held Ukrainian territory Friday without permission.... The maneuver came amid reports from NATO that Ukrainian troops were coming under Russian artillery fire from inside their borders. A top Lithuanian diplomat was also killed in ongoing violence." ...

     ... ** UPDATE: Ukrainian officials said "that Russians had loaded sophisticated military equipment onto the vehicles before they left. Col. Andriy Lysenko, Ukraine's military spokesman, said that trucks that had driven into the territory 'under the guise of humanitarian convoys' had crossed back into Russia on Saturday morning after being packed with Ukrainian-made equipment used to produce an advanced aircraft-tracking system, as well as ammunition for small arms."

Reuters: "Palestinian President Mahmoud Abbas called for an urgent resumption of peace talks on Saturday as violence continued unabated in the Gaza Strip with Israel carrying out air strikes and militants firing rockets. Gaza health officials said five people, including two children, were killed in an Israeli strike on a house in central Gaza. Three more Palestinians were killed in other strikes." ...

... AFP: "Israeli Prime Minister Benjamin Netanyahu on Friday vowed harsh retribution against Hamas, the Islamist rulers of Gaza, after a mortar round fired from the Palestinian territory killed an Israeli child." ...

... Democracy Now!: "More than 467 Palestinian children have died since July.... According to the World Health Organization, more than 3,000 children have been injured, of which an estimated 1,000 will suffer from a lifelong disability."

... CW: Res ipsa loquitur.

The Commentariat -- August 22, 2014

Internal links removed.

Dan Lamothe of the Washington Post: "Defense Secretary Chuck Hagel said Thursday that the Islamic State militant organization 'is as sophisticated and well-funded as any group that we have seen,' and left open the possibility that the United States may strike the group not only in Iraq, but also in Syria. 'They're beyond just a terrorist group,' Hagel said during a news conference at the Pentagon. 'They marry ideology, a sophistication of strategic and tactical military prowess. They are tremendously well-funded& ... This is beyond anything that we've seen, so we must prepare for everything.'" CW: A chief funding source: countries -- including continental European countries -- willing to pay ransoms for their citizens held captive by ISIS. ...

... Helene Cooper & Michael Gordon of the New York Times: "The Islamic State in Iraq and Syria cannot be defeated unless the United States or its allies take on the Sunni militancy in Syria, the chairman of the Joint Chiefs of Staff said Thursday afternoon. 'This is an organization that has an apocalyptic end-of-days strategic vision that will eventually have to be defeated,' the chairman, Gen. Martin Dempsey, said in his most expansive public remarks on the crisis since American airstrikes began in Iraq. ...

... Mark Landler of the New York Times: "... the gruesome execution of an American journalist, James Foley, has drawn an intensely emotional reaction from lawmakers in both parties, with ... some urging Mr. Obama to redouble the fight against [ISIS]. There were signs on Thursday that the Obama administration is weighing that, with the White House and the Pentagon refusing to rule out military action against the group in Syria. But far from satisfying Congress, a wider conflict could put lawmakers, particularly Democrats, in a difficult position, since most deeply oppose any new war in the Middle East." ...

... Steve M.: "The body of James Foley was barely cold when Dick Cheney suited himself up to go on Sean Hannity's Fox show to blame (as he sees it) the real enemy: the Obama administration." ...

... Mike Lillis of the Hill: "Texas Gov. Rick Perry warned Thursday that Islamic terrorists might already have crossed the southern border into the United States with the intent of attacking Americans. In a fiery speech delivered before a conservative audience at the Heritage Foundation in Washington, Perry ... said the federal government's failure to secure the southern border has created 'great concern' that militants representing the Islamic State in Iraq and Syria (ISIS) might already have arrived from Mexico." CW: Huh. No mention that the U.S.-Canadian border, not to mention the thousands of miles of U.S. seacoast, can be breached easily.

... Martin Matishak of the Hill: "House Armed Services Committee Chairman Buck McKeon (R-Calif.) on Thursday called for an inquiry into who leaked information about a botched attempt earlier this year to rescue photojournalist James Foley. It was 'unwise' for the White House and the Defense Department to formally acknowledge the operation and 'outrageous that someone would be so selfish and short sighted to leak it to the media,' the outgoing lawmaker said in a statement." CW: Yes, Buck, what we seriously need now is another House investigation of the Obama administration. ...

... Christopher Werth of the Los Angeles Times: "The black-hooded executioner who beheaded American journalist James Foley may have left more clues to his identity than he intended, experts said Thursday, beginning with his distinctly British voice, a sonic fingerprint that gives investigators a fighting chance of determining his identity. Scotland Yard, British intelligence and the FBI are all said to be scrambling to figure out the identity of the man who killed Foley...." ...

... Jesse Byrnes of the Hill: "An official State Department account tweeted photos Thursday of two members of the Islamic State in Iraq and Syria (ISIS) who were apparently killed in Syria this week. One of the men pictured, Abu Moussa, is an ISIS spokesman who recently told VICE News that the militant group would 'raise the flag of Allah in the White House.'"

Kristina Wong of the Hill: "The Pentagon broke the law when it transferred five Taliban detainees from Guantánamo Bay in exchange for prisoner of war Army Sgt. Bowe Bergdahl, according to a report from ... the Government Accountability Office. [The GAO] said the Pentagon violated the 2014 Defense Appropriations Act, which requires the Pentagon to give certain congressional committees 30 days advance notice before any detainee transfer from the Guantánamo Bay detention facility.... The law also prohibits the Pentagon from using appropriated funds to conduct any detainee transfer, unless the Defense secretary gives the 30 days of advance notice. The Pentagon said it spent $988,400 on the detainee transfer, according to the report."

Lucy McCalmont of Politico: "Missouri Sen. Claire McCaskill announced Thursday that she will lead a hearing in September looking into the militarization of local police departments, after recent tensions between law enforcement and protesters have rocked her state. The hearing, which will be held by the McCaskill-chaired Financial & Contracting Oversight Subcommittee, follows the Democrat's calls for demilitarization in Ferguson, Missouri."

Michael Corkery & Matt Apuzzo of the New York Times: "Bank of America and the Justice Department have a reached a record $16.65 billion settlement, capping the most sweeping federal investigation into the sale of troubled mortgages by a Wall Street bank since the 2008 financial crisis. The landmark settlement, announced by Attorney General Eric H. Holder Jr. in Washington on Thursday morning, requires Bank of America to pay a $9.65 billion cash penalty and provide about $7 billion in relief to homeowners and blighted neighborhoods." ...

... The DOJ's statement about the settlement is here. ...

... Michael Corkery & Ben Protess of the New York Times: "Documents released as part of the $16.65 billion settlement between Bank of America and the Justice Department read like a highlight reel of the mortgage sins that fed the 2008 financial crisis. As part of the deal, the bank and the Justice Department agreed to a 'statement of facts' that offers a window into some of the darkest corners of the Countrywide and Merrill mortgage machine that was responsible for funneling a stream of troubled loans that helped devastate the global financial system." ...

... BoA's "statement of facts" is here (pdf). ...

... Peter Eavis & Michael Corkery of the New York Times: The $16.65BB settlement the DOJ is touting may turn out to be a lot less than that: BoA is getting credit for mortgages it wrote down years ago. Plus, "The actual pain to the bank could also be significantly reduced by tax deductions.... Shares of Bank of America jumped 4 percent on Thursday, suggesting investors believe that the bank could take the settlement in stride."

Oh, STFU. Paul Krugman: "According to a recent report in The Times..., 'An increasingly vocal minority of Federal Reserve officials want the central bank to retreat more quickly' from its easy-money policies, which they warn run the risk of causing inflation.... That 'vocal minority' has been warning about soaring inflation more or less nonstop for six years. And the persistence of that obsession seems, to me, to be a more interesting and important story than the fact that the usual suspects are saying the usual things.... When economic myths persist, the explanation usually lies in politics -- and, in particular, in class interests. There is not a shred of evidence that cutting tax rates on the wealthy boosts the economy, but there's no mystery about why leading Republicans like Representative Paul Ryan keep claiming that lower taxes on the rich are the secret to growth."

"The Twilight of Antonin Scalia." Garrett Epps of the Atlantic: "Scalia has had nearly 30 years to alter the law, and in many ways, he has succeeded. Yet the pique of confronting error, the pleasure of forecasting doom, has led him over and over into rhetorical excess, until at last his Windsor dissent helped cement one of conservatism's most stinging defeats." Thanks to Akhilleus for the link.

Beyond the Beltway

Rosalind Helderman, et al., of the Washington Post: "In an emotional second day of testimony in his federal corruption trial, former Virginia governor Robert F. McDonnell portrayed in searing detail the slow collapse of his marriage.... By the time he had reached the pinnacle of state politics, he and Maureen McDonnell were at emotional sword points, with him avoiding time in his wife's presence and her communicating frequently by yelling, he said. At one point, she threw a $25,000 check at him during an argument over their troubled finances." ...

... Jonathan Weisman & Jennifer Steinhauer of the New York Times: "On his second day on the witness stand, Bob McDonnell ... deftly oscillated on Thursday between expressing sympathy for his wife, Maureen, and skewering her for poor judgment and emotional volatility, pressing his contention that the estranged couple could not have conspired illegally. Mr. McDonnell walked the jury methodically through their 38-year marriage, portraying the couple as drifting farther and farther apart as he relentlessly marched to higher office, from the Virginia General Assembly to attorney general to governor." ...

... The Washington Post's live updates of today's trial testimony are here. "The former governor said Maureen McDonnell -- without him knowing about it -- initiated the process in early 2012 for Richmond businessman Jonnie R. Williams Sr. to loan $50,000 to a real estate company he co-owned with his sister, whose first name is also Maureen. The governor said he first learned that his wife had been having loan discussions with the businessman by way of an e-mail, and it appeared to him a tentative agreement was already in place."

... Gene Robinson: "How far would you go to stay out of jail? Would you publicly humiliate your wife of 38 years, portraying her as some kind of shrieking harridan? Would you put the innermost secrets of your marriage on display, inviting voyeurs to rummage at will? For Robert McDonnell..., the answers appear to be: 'As far as necessary,' 'Hey, why not?' and 'Sounds like a plan.' ... A jury will decide whether McDonnell was an honest public servant. By his own account, he wasn't much of a husband." ...

     ... CW: McDonnell rejected a plea bargain that would have left his wife off the hook & would have required him to cop to one felony count. I suspect he would have got a suspended sentence, or at worst, an ankle bracelet. It's possible he would have gone to jail, but more likely not. So he's trashing his wife for little, if any, gain. He's doing it because he wants to, not because he has to.

St. Louis Post-Dispatch: "At a press conference shortly after 1 a.m., Highway Patrol Capt. Ronald S. Johnson said there had been seven arrests late Thursday and into early today. Five were for failure to disperse and the other two for minor offenses as well, he said. 'Today we had a good day,' said Johnson, who is in charge of the security forces on patrol in Ferguson." ...

... Joseph Goldstein & Mark Santora of the New York Times: "As tensions on the streets here seemed to ease on Thursday, Gov. Jay Nixon ordered the Missouri National Guard to begin withdrawing from the city." ...

"Anonymous Sources" Disagree. German Lopez of Vox: After an "anonymous source" told Fox "News" & the Washington Post that Officer Darren Wilson had "a fractured eyesocket" as a result of his encounter with Michael Brown -- and x-rays to prove it, another "anonymous source" told CNN that wasn't true & his "x-rays came back negative." He had a swollen face. ...

... These "anonymous sources" apparently think they are far more knowledgeable than the St. Louis county prosecutor. Mark Berman of the Washington Post: St. Louis County Prosecutor's spokesman Ed "Magee said that prosecutors have not received any medical records relating to Wilson so far. ​But he said that since Wilson was taken to the hospital, they assume there are medical records and they just haven't received them yet.... [Prosecutor Robert] McCulloch has been in touch with Wilson's attorney but has not spoken to Wilson himself. Wilson will be given an opportunity to appear before the grand jury, but he cannot be compelled to appear, Magee said." CW: Yeah, well the wheels of justice grind slowly, & sometimes evidence inexplicably gets lost, & hey, we're not going to charge this guy anyway, so what's the rush? ...

... Yishai Schwartz of the New Republic on why "convicting Darren Wilson will be basically impossible": "... in most states today, including Missouri..., as long as there is a modicum of evidence and reasonable plausibility in support of a self-defense claim, a court must accept the claim and acquit the accused." ...

... Robert VerBruggen of Real Clear Politics describes Missouri's lax law on police use of force. (Link fixed.) He includes jury instructions on when an officer is justified in using deadly force. ...

... Paul Cassell in the Washington Post: "... proving a crime in the Brown shooting will require close attention to the details, particularly details about the shooting officer's state of mind. Even if the officer made a mistake in shooting, that will not be enough to support criminal charges so long as his mistake was reasonable -- a determination in which the officer will receive some benefit of the doubt because of the split-second judgments that he had to make. And, of course, if it turns out that Michael Brown was in fact charging directly towards the officer (as recent reports have suggested), the officer's actions will have been justified under state law and no charges should be filed." ...

Steve King Has Black Friends! And by the way, it also should be said that someone like Lacy Clay, who's a member of the Congressional Black Caucus — there is no 'Congressional White Caucus.' It is a self-segregated caucus and it is a caucus that they drive an agenda that's based on race. And they're always looking to place the race card. They're always looking to divide people down that line. And I have friends in that caucus. I get along with them personally, but their agenda is to play the race card. And we have a President who had a perfect opportunity to eliminate a lot of this friction in this country, and instead, he and his attorney general have been in a place where they've created friction rather than eliminated it. -- Rep. Steve King (RTP-Iowa)

... Brian Beutler of the New Republic: The home video taken of the killing of Kajieme Powell conflicts with police statements about the circumstances under which police shot Powell dead. "Powell had a knife -- Police Chief Sam Dotson described it as a steak knife. But he was not wielding it in the way officers claimed (or in the way it may have felt to them in the moment). He was not two or three feet away, but perhaps eight or nine. He wasn't charging hard or issuing threats. To the contrary, he was demanding to be shot.... Everything the St. Louis police did in the aftermath suggests they sincerely believe this was a justified, by-the-book killing.... If this is proper protocol, then the protocol is bad." ...

... ** Ezra Klein on the killing of Kajieme Powell: "There is something wrong that the video seems obviously exculpatory to the police and obviously damning to so many who watch it. The dispute over the facts in the Michael Brown case offers the hope that there is a right answer -- that Wilson either did clearly the right thing or clearly the wrong thing. The video of the Powell case delivers a harder reality: what the police believe to be the right thing and what the people they serve believe to be the right thing may be very different."

Steve Rothaus of the Miami Herald: "In the first decision on same-sex marriage with statewide impact, a federal judge ruled Thursday that Florida's gay-marriage ban is unconstitutional, ordering the state to allow the marriage of same-sex couples and to recognize marriages performed elsewhere.... U.S District Judge Robert L. Hinkle of Tallahassee ... stayed most of the effects of his ruling pending appeal...."

Senate Race

James Hohmann of Politico: "The New Hampshire Senate race is tightening, according to a just-posted WMUR poll that puts Democratic Sen. Jeanne Shaheen up only 2 points, 46-44, over Republican Scott Brown. That's within the margin of error. The same poll last month had Shaheen ahead by 12 points.... The poll found 60 percent of those polled have not definitively decided who they will vote for -- a suggestion that this could be a very fluid race."

News Ledes

New York Times: "A Chinese fighter jet flew within 30 feet of a Navy surveillance and reconnaissance plane this week in international airspace just off the Chinese coast, the Pentagon said Friday. The encounter, known as an intercept, 'was very, very close, very dangerous,' said Rear Adm. John Kirby, the Pentagon press secretary. The Pentagon filed a diplomatic complaint with the People's Liberation Army on Friday morning, Defense Department officials said. As of Friday afternoon, it had not received a reply."

** New York Times: "Russian military has moved artillery units manned by Russian personnel inside Ukrainian territory in recent days and was using them to fire at Ukrainian forces, NATO officials said on Friday. The West has long accused Russia of supporting the separatist forces in eastern Ukraine, but this is the first time it has said it had evidence that the Russian military was operating in Ukrainian territory."

Guardian: "Iraqi government forces and Kurdish peshmerga fighters have launched attacks to recapture two towns in the north from Islamic State (Isis) militants, as Western governments consider how to mount an effective response to the threat posed by the extremist group that has redrawn the border of Iraq and Syria."

New York Times: "The first trucks from a long-stalled Russian convoy said to be carrying humanitarian aid crossed the border into eastern Ukraine on Friday, without the consent of the Ukrainian government and unaccompanied by Red Cross escorts, as had been earlier agreed upon. The Russian Ministry of Foreign Affairs issued a long statement in Moscow saying, in essence, that it had authorized the crossing because it was fed up with stalling by the government in Kiev." ...

... Washington Post: "Ukrainian authorities appeared to be scrambling Friday to decide how to respond to the border incursion. A Ukrainian military spokesman backed away from previous bellicose statements, but state security chief Valentyn Nalivaychenko told journalists in Kiev, 'We consider this a direct invasion by Russia of Ukraine,' Reuters news agency reported. He said Ukrainian forces would not use force against the convoy because they want to avoid 'provocations.'"

AP: "Gaza gunmen killed 18 alleged spies for Israel on Friday, including seven who were lined up behind a mosque and shot after midday prayers, in response to Israel's deadly airstrikes against top Hamas military commanders."

Washington Post: "Ever since the retirement of the space shuttle three years ago, American astronauts have had to hitchhike their way to the International Space Station aboard Russian spaceships. It is an increasingly costly arrangement..., made worse by U.S.-Russian tensions over the crisis in Ukraine. But in the coming weeks, NASA is expected to announce its long-awaited solution: a multibillion-dollar contract to build a U.S. spacecraft, which could help reignite a struggling American space program."

The Commentariat -- August 21, 2014

Internal links, defunct video removed.

NEW. Carol Leonnig, et al., of the Washington Post: "The police officer who fatally shot Michael Brown suffered a fracture to his eye socket in a scuffle with the unarmed teenager before opening fire, a family friend said Thursday. Hospital x-rays of the injury have been submitted to the St. Louis County prosecuting attorney and will be shared with a grand jury now weighing evidence to determine whether Officer Darren Wilson should be charged in the shooting." CW: This is essentially the same information in the Fox "News" story, linked below.

Lara Jakes & Ryan Lucas of the AP: "The United States launched a new barrage of airstrikes Wednesday against the Islamic State extremist group that beheaded American journalist James Foley and that has seized a swath of territory across Iraq and Syria. President Barack Obama vowed relentless pursuit of the terrorists.... Looking forward, the State Department refused to rule out future U.S. military operations in Syria, where Obama has long resisted intervening in a three-year civil war." ...

... Adam Goldman & Karen DeYoung of the Washington Post: "U.S. Special Operations forces staged an unsuccessful operation this summer to rescue photojournalist James Foley and other Americans being held in Syria by Islamic State militants, according to senior Obama administration officials. The attempt, in which at least one U.S. serviceman was injured, came after at least six Western hostages freed by the militants had been debriefed by U.S. intelligence.... 'Unfortunately,' [one] official said, 'it was not ultimately successful because the hostages were not present ... at the site of the operation.'" ...

... The New York Times story, by Michael Shear, is here. ...

... Rukmini Callimachi of the New York Times: "Before pulling out the knife used to decapitate him, [Jim Foley's] masked executioner explained that he was killing the 40-year-old American journalist in retaliation for the recent United States' airstrikes against the terror group in Iraq. In fact, until recently, ISIS had a very different list of demands for Mr. Foley: The group pressed the United States to provide a multimillion-dollar ransom for his release, according to a representative of his family and a former hostage held alongside him. The United States -- unlike several European countries that have funneled millions to the terror group to spare the lives of their citizens -- refused to pay." ...

... Uri Friedman of the Atlantic: "Foley died while working in what is now the most dangerous place in the world to be a reporter -- a country where dozens of journalists have been killed and kidnapped in recent years." ...

... Jon Anderson of the New Yorker: "Yesterday's guerrillas have given way to terrorists, and now terrorists have given way to this new band, who are something like serial killers.... Freed and encouraged to kill and to horrify, it seems, many people will do so, even people raised in Western democracies.... There is no longer any doubt that the Internet, with its power of contagion and usefulness for recruiting, has become a preferred, particular tool of terrorists." ...

... ** Secretary of State John Kerry on the murder of James Foley.

Laura Wildes-Munoz & Josh Lederman of the AP: "President Barack Obama is considering key changes in the nation's immigration system requested by tech, industry and powerful interest groups, in a move that could blunt Republicans' election-year criticism of the president's go-it-alone approach to immigration. Administration officials and advocates said the steps would go beyond the expected relief from deportations for some immigrants in the U.S. illegally that Obama signaled he'd adopt after immigration efforts in Congress collapsed. Following a bevy of recent White House meetings, top officials have compiled specific recommendations from business groups and other advocates whose support could undercut GOP claims that Obama is exceeding his authority to help people who have already violated immigration laws."

Alan Rappeport of the New York Times: "The Supreme Court on Wednesday issued a last-minute order putting a hold on same-sex marriages in Virginia less than a day before officials there were to begin providing marriage licenses to gay couples. The move comes a month after the federal appeals court that struck down the state's ban on same-sex marriage refused to delay the effects of its ruling. Legal experts have predicted that the Supreme Court will take up the issue of same-sex marriage in its next term, which begins in October."

"By Any Means Necessary." Linda Greenhouse writes a very readable column on the politics & tactics of the right wing's current challenge to the Affordable Care Act.

Russell Berman of the Atlantic: "The only thing that would make congressional Democrats happier than a Republican attempt to impeach President Obama is if Republicans force another government shutdown. So when Sen. Mitch McConnell (R-Ky.) raised the specter of a government shutdown fight [also linked in yesterday's Commentariat] if Republicans retake the Senate in November, Democrats rejoiced. And by rejoiced, we mean they feigned outrage."

Jonathan Chait: Paul Ryan is still the unapologetic, ideological supply-sider he was a teenager & believes cutting taxes "across the board" (i.e., for the rich) is the "secret sauce" that spices up economic growth. CW: This might be just an anecdote of stupid, but GOP leaders have tapped the functionally innumerate Ryan to head the House Ways & Means Committee, the House's chief tax-writing committee.

Beyond the Beltway

St. Louis Post-Dispatch: "Six arrests were made by officers patrolling the streets of Ferguson late Wednesday and early today, Missouri Highway Patrol Capt. Ronald S. Johnson said. Speaking at a brief press conference at 1:30 a.m., he said the protests now in their 11 night were fairly calm although an officer was hit by a bottle at one point. He said the officer was uninjured." ...

... The Washington Post story is here. ...

... St. Louis Post-Dispatch at 6:20 pm ET Wednesday: "U.S. Attorney General Eric Holder is meeting with the parents of Michael Brown downtown at the federal courthouse in St. Louis. Afterward he will meet with elected officials, including Gov. Nixon, U.S. Sens. Claire McCaskill, D-Mo., and Roy Blunt, R-Mo., and U.S. Reps. William Lacy Clay, D-St. Louis, and Emanuel Cleaver, D-Kansas City. All the meetings are closed to the press." ...

... Alan Zagier of the AP: "Attorney General Eric Holder sought Wednesday to reassure the people of Ferguson about the investigation into Michael Brown's death and said he understands why many black Americans do not trust police, recalling how he was repeatedly stopped by officers who seemed to target him because of his race. Holder made the remarks during a visit to [Ferguson, Missouri]." ...

... Hollie McKay of Fox "News": "Darren Wilson, the Ferguson, Mo., police officer whose fatal shooting of Michael Brown touched off more than a week of demonstrations, suffered severe facial injuries, including an orbital (eye socket) fracture, and was nearly beaten unconscious by Brown moments before firing his gun, a source close to the department's top brass told FoxNews.com." CW: At least one part of this report is definitely incorrect (unless all other media reports are wrong): "Wilson is a six-year veteran of the Ferguson police force department...." Actually, he has been with the Ferguson PD for about four years. ....

... Mark Berman of the Washington Post: "A police officer who pointed an assault rifle at people in Ferguson on Tuesday night and threatened to kill them has been relieved of duty and suspended indefinitely, authorities said. The officer, who was not identified, has been removed from the field after he pointed his semiautomatic weapon at a peaceful protester, according to Brian Schellman, a spokesman for the St. Louis County Police Department. A video documenting the encounter ... made the rounds Wednesday.... A county police sergeant forced the officer, who works for the Saint Ann police, to lower his weapon and leave the area, Schellman said."

... A commenter on the site The Concourse, which published the video above, wrote, "The cop was later asked to write an essay on exemplary policing for the Washington Post." See WashPo op-ed by LAPD officer Dutta, linked in yesterday's Commentariat, for context. ...

... Jason Sickles of Yahoo! News: "The Ferguson, Missouri, police officer facing possible charges for recently killing an unarmed young man was commended earlier this year for wrestling and restraining another suspect. Officer Darren Wilson received the commendation for his 'extraordinary effort in the line of duty' at a Feb. 11 City Council meeting. New video turned over by the city under Missouri's open records law shows Wilson being presented his award and shaking hands with Police Chief Thomas Jackson." With video of the commendation ceremony. CW: I'd like to see video of the "wrestling & restraining" incident. ...

... ** CW: If you have the stomach for it, I suggest you watch this home video of the St. Louis police killing of Kajieme Powell, which occurred Tuesday. The video is an unintended masterpiece of slice-of-life (& death) videography. The unidentified videographer is walking down the street when he sees Powell acting strangely on the sidewalk in front of a convenience store. The videographer finds Powell's erratic behavior amusing & continues recording for that reason. I'll let the videographer's commentary take it from there. Via Jim Fallows.

Mayor Angela Pearson, City of Popular Bluff, Missouri, Official Website: "Dear Friends..., As you learn more about Poplar Bluff you'll see it is a great place to live and raise a family, with a population of nearly 17,000 friendly residents. Poplar Bluff is the county seat and is centered in the middle of beautiful Butler County. Poplar Bluff is the gateway to the Ozarks nestled in southeast Missouri, in between St. Louis and Memphis." ...

... CW: Aw, doesn't Poplar Bluff sound like the quintessential sweet, All-American town? I'll bet they have a swell city council, just as Mayor Pearson says: "... the City government works hard to meet the needs of this growth and encourages growth for the future. Working together we will meet the challenges the future holds...." Video via the Raw Story:

Jonathan Weisman of the New York Times: "In a moment that sent electric currents through a crowded courtroom, Robert F. McDonnell, the former Virginia governor and once rising Republican star, was called to the witness stand Wednesday afternoon, testifying that he did next to nothing for the businessman who showered his family with cash and gifts. The appearance, three days into his legal defense, came sooner than expected. But Mr. McDonnell, once considered a contender for his party's presidential nomination, was as smooth as ever as he began the political sales job of his life.... And almost immediately, a politician who always campaigned as a devoted family man and conservative Catholic turned the spotlight on his embattled wife, Maureen." ...

... Bob McDonnell is still testifying about what a fine fellow he is & what a difficult bitch he married. He moved out of the home he shared with the Difficult Bitch & the kids about a week before their corruption trial began. Now the choir boy is living with his priest. As the Washington Post reports, "'I knew there was no way I could go home after a day in court and have to rehash the day's events with my wife,' he testified."

... Rosalind Helderman, et al., of the Washington Post: "Former Virginia governor Robert F. McDonnell, taking the stand in his own defense Wednesday against federal corruption charges, said his wife, Maureen, seemed uneasy about their new life from his very first day as governor-elect."

Senate Races

Sen. Mark Pryor (D), who is in a tight race to keep his seat in red-state Arkansas, cuts a terrific ad for ObamaCare -- with his father, former Sen. David Pryor -- without ever mentioning the ACA or "ObamaCare." Via Greg Sargent:

Gail Collins on Montana Democratic U.S. Senate "super-long-shot" candidate Amanda Curtis.

Gubernatorial Race

Jim Fallows of the Atlantic on the three-way race for governor of Maine. Fallows endorses independent Eliot Cutler, who is a personal friend. Maine Sen. Angus King (I) endorsed Cutler, too. CW: In case you have forgotten, the thuggish goonie Paul LePage (RTP) is the current governor; he is one of the three candidates, along with Democrat Mike Michaud.

Presidential Race

Excuse me, shut up! -- Sen. Bernie Sanders (I-Vt.) to hecklers at a town-hall meeting in Vermont

News Ledes

New York Times: "Some 10,000 mourners on Thursday buried three senior commanders of the armed wing of Hamas who were killed in predawn airstrikes by Israel, the most significant blow to the group's leadership since Israel's operation in Gaza began more than six weeks ago."

ABC News: "An American doctor who contracted Ebola will be released today from Emory University Hospital in Atlanta, with details expected on the release of a second patient who also contracted the disease.... The virus has killed at least 1,229 and sickened 1,011 more, according to numbers released Tuesday by the World Health Organization. Guinea, Sierra Leone and Liberia have the most cases."