The Commentariat -- May 11, 2019

Afternoon Update:

Ken Vogel of the New York Times: "Facing withering attacks accusing him of seeking foreign assistance for President Trump's re-election campaign, Rudolph W. Giuliani announced on Friday night that he had canceled a trip to Kiev in which he planned to push the incoming Ukrainian government to press ahead with investigations that he hoped would benefit Mr. Trump. Mr. Giuliani, President Trump's personal lawyer, explained that he felt as if he was being 'set up' by Ukrainians critical of his efforts, and he blamed Democrats for trying to 'spin' the trip.... Mr. Giuliani said on Thursday that he had hoped to meet in Kiev, the Ukrainian capital, with the nation's president-elect and urge him to pursue inquiries that could yield new information about two matters of intense interest to Mr. Trump. One is the origin of the special counsel's investigation into Russia's interference in the 2016 election. The other is the involvement of former Vice President Jospeh R. Biden Jr.'s son in a gas company owned by a Ukrainian oligarch. The trip raised the specter of a lawyer for Mr. Trump pressing a foreig government to pursue investigations that his allies hope could help him win re-election.... Mr. Trump has suggested he would like Attorney General William P. Barr to look into the material gathered by the Ukrainian prosecutors.... After The New York Times published a report about the trip on Thursday, Democrats assailed Mr. Giuliani, accusing him of activity evoking that at the center of the recently concluded special counsel's investigation.... The change of plans came as advisers were urging the incoming Ukrainian president, Volodymyr Zelensky, a comedian and political newcomer, not to meet with Mr. Giuliani, according to a person familiar with the conversations." ...

      ... Mrs. McCrabbie: Yeah, Rudy, it's everybody else's fault. You & your boss are not just collaborating with but encouraging a foreign government to insert itself into a U.S. election, & shame on Ukrainians for not going along & Democrats pointing to your potentially criminal plans.

It's like fucking in a cathedral. -- Leonard Bernstein to Maryan Stevens, describing the intensity of conducting a musical masterpiece ...

... ** Robert Barnes of the Washington Post reports on his interview with retired Justice John Paul Stevens. Stevens' autobiography will be published this week.

~~~~~~~~~~~

Alan Rappeport & Ana Swanson of the New York Times: "Trade talks between China and the United States ended on Friday without a deal as President Trump raised tariffs on $200 billion worth of Chinese imports and signaled he was prepared for a prolonged economic fight. Mr. Trump, who only weeks ago predicted a signing ceremony for an 'epic' trade deal with President Xi Jinping of China, reclaimed his stance of threatening Beijing and insisting his approach would help the American economy. In a flurry of tweets on Friday, Mr. Trump warned that he would tax nearly all of China's imports if the country continued to backtrack on a trade deal.... On Friday, the trade dispute appeared to be lurching toward an all-out economic war. China has threatened to retaliate with its own 'countermeasures,' which include ending purchases of American farm goods and establishing other nontariff barriers for companies trying to gain access to the Chinese market."

The Trump Scandals, Ctd.

Michael Schmidt of the New York Times: "White House officials asked at least twice in the past month for the key witness against President Trump in the Mueller report, Donald F. McGahn II, to say publicly that he never believed the president obstructed justice, according to two people briefed on the requests. Mr. McGahn, who was the president's first White House counsel, declined, one of the people said. His reluctance angered Mr. Trump, who believed that Mr. McGahn showed disloyalty by telling investigators for the special counsel, Robert S. Mueller III, about Mr. Trump's attempts to maintain control over the Russia investigation. The White House made one of the requests to Mr. McGahn's lawyer, William A. Burck, before the Mueller report was released publicly but after the Justice Department gave a copy to Mr. Trump's lawyers to read. Reading the report, the president's lawyers saw that Mr. Mueller had left out that Mr. McGahn had told investigators that he believed Mr. Trump never obstructed justice. Mr. Burck had told them months earlier that his client had shared that belief with investigators. Mr. McGahn initially entertained the White House request. But after the report was released, detailing the range of actions Mr. Trump took to try to impede the inquiry, Mr. McGahn declined to put out a statement." ...

     ... Mrs. Bea McCrabbie: Assuming the reporting here is accurate, I don't think Democrats will get a John Dean-like hearing out of him.

Nicholas Fandos of the New York Times: "The chairman of the House Ways and Means Committee subpoenaed the Treasury Department and Internal Revenue Service on Friday, disregarding the Treasury secretary's refusal this week to hand over six years of President Trump's personal and business tax returns and demanding access. The subpoenas from Representative Richard E. Neal, Democrat of Massachusetts, to Treasury Secretary Steven Mnuchin and Charles P. Rettig, the I.R.S. commissioner, amounted to an unexpected shift in tactics in the yearslong Democratic effort to secure tax returns that Mr. Trump has refused to release.... The new approach is unlikely to be any more fruitful in the short term..., but ... the fight over Mr. Trump's tax returns could soon head to the federal courts, and House lawyers believe they have a better and speedier case defending a subpoena than a legally untested tax code provision."

Morgan Chalfont of the Hill: "House Judiciary Committee Chairman Jerrold Nadler (D-N.Y) said Friday that special counsel Robert Mueller will not be testifying before his panel next week. Nadler told reporters that the committee is still negotiating over his testimony with the Justice Department and Mueller but expects the special counsel to appear.... Nadler did not give a specific reason for why Mueller would not testify next week, telling reporters it 'just hasn't developed.' 'He will come at some point. If it's necessary, we will subpoena him and he will come,' Nadler said later."

Zachary Basu of Axios: "House Intelligence Chairman Adam Schiff (D-Calif.) told Axios' Mike Allen Friday that the House is considering reviving its 'inherent contempt' power, which would allow Congress to enforce subpoenas through coercive measures like fines. 'Much as I like the visual of [throwing people in jail], I think it's far more practical to consider levying individual fines on the person -- not the office -- until they comply. You could fine someone $25,000 a day until they comply. You can do that. We're looking through the history and studying the law to make sure we're on solid ground.'" ...

Michelle Goldberg of the New York Times: Nancy "Pelosi is a sharp and pragmatic woman, and her evident belief that impeachment carries strategic risks for Democrats should be taken seriously. But it is incoherent to argue that Trump constitutes an existential threat to the Constitution, and that Congress should wait to use the Constitution's primary defense against such a threat.... In the face of an administration that is trying to amass dictatorial powers, Democrats need to bring to bear all the powers of their own. Trump's outright rejection of congressional authority makes impeachment proceedings necessary, but even impeachment alone is not sufficient.... There are dangers in increased Democratic combativeness, but even greater dangers in timidity." Goldberg cites some interesting remarks by Rep. Jamie Raskin [D-Maryland] who was a constitutional law professor, including on the concept of "inherent contempt."

From Crooked Hillary to Crooked Joe. Jonathan Chait: Donald Trump's campaign is "pressuring a foreign government to assist Trump's reelection campaign. The effort consists of Trump's agents lobbying Ukraine to smear his political rivals. The smear campaign is being run by Rudy Giuliani, who -- perhaps operating on the theory that a massive scandal boasted about in the media by its perpetrators is less damaging than one uncovered by investigators -- is broadcasting his scheme. 'There's nothing illegal about it,' he tells the New York Times. [NYT story previously linked in the Commentariat.] 'Somebody could say it's improper.' Well, yes, they could.... Giuliani is trying to get Ukraine to pursue two investigations: one against ... [Hillary Clinton], and another against [Joe Biden.... The first is based on murky charges that have circulated on the right that Hillary Clinton's campaign conspired with Ukraine to gin up the Russia investigation.... 'In the case against Biden,] there is no quid, no pro, no quo.... So why would Ukraine pursue baseless charges? Because its government has a strong interest in mollifying Trump. The Times reported last year that Ukraine halted its cooperation with the Mueller probe because it couldn't risk provoking Trump.... On its face, there is nothing illegal here.... The powers legally available to a corrupt president and a party that has turned a blind eye to his violations of governing norms may be more terrifying than anybody has considered." ...

... Trump Implies He Doesn't Know Much about It. Andrew Restuccia, et al., of Politico: "Trump ... said that he plans to speak to Rudy Giuliani about his personal attorney's imminent plans to go to Ukraine to reportedly encourage the Ukrainian president to investigate the origins of the Russia investigation and Hunter Biden's role on the board of directors of an energy company owned by a Ukrainian oligarch. 'I will speak to him about it before he leaves. I'm just curious about that,' he said, adding that he has 'not spoken to him at any great length' about it.... When asked whether he would consider directing Attorney General Bill Barr to investigate the Bidens, as some Democrats fear, Trump said he had not spoken to Barr about the issue. But he left open the possibility, saying 'certainly it would be an appropriate thing to' discuss with Barr." ...

... Allan Smith & Dareh Gregorian of NBC News: "'We have come to a very sorry state when it is considered OK for an American politician, never mind an attorney for the president, to go and seek foreign intervention in American politics,' said Rep. Jerrold Nadler, D-N.Y., chairman of the House Judiciary Committee, to reporters Friday. Rep. Adam Schiff, chair of the House Intelligence Committee, tweeted that Giuliani's efforts are not only improper, but 'immoral, unethical, unpatriotic and, now, standard procedure.'... PolitiFact, meanwhile, reported that it found no evidence to 'support the idea that Joe Biden advocated with his son's interests in mind.'" ...

... Paul Waldman in the Washington Post: “Yes, Trump is trying to collude with a foreign government in an attempt to aid his campaign by creating negative stories about a potential opponent. Again.... They're now skipping over the secrecy and denial parts, and just doing it openly.... This isn't some kind of freelancing on Giuliani's part. [An] earlier article in the Times [also linked here previously] reported that Giuliani called Trump to brief him during his meeting with the Ukrainian prosecutor, and Giuliani 'acknowledged that he has discussed the matter with the president on multiple occasions.' So to be clear: The president of the United States is, through his lawyer, pressuring a foreign government to mount an investigation in order to tarnish his potential general-election opponent.... Trump has already told Sean Hannity that Attorney General William P. Barr is looking into what he called 'incredible' charges involving Ukraine and Hillary Clinton, no doubt at his suggestion. This is only the beginning of what Trump is going to pull, and there's every reason to think that he feels utterly unrestrained by law or ethics." ...

... AND This Particular Stunt Might Not Work. Oliver Carroll of the (UK) Independent: "... president-elect Volodymyr Zelensky may now refuse to meet Mr Trump's lawyer Rudy Guiliani when he arrives in Kiev later this month. Mr Guiliani’s trip, first reported in The New York Times on Thursday, has been described as an attempt to pressure Ukraine into investigations to help Mr Trump's re-election campaign.... Two separate sources in Mr Zelensky's circle told The Independent that it was now unlikely the president-elect would choose to personally attend the meeting, and would instead send representatives." Zelensky also has said he plans to replace the controversial prosecutor who made the unsupported claims about Joe Biden.

"A Pattern of Corruption." Jordyn Hermani of Politico: "Former FBI general counsel Jim Baker said Friday he's troubled by obstruction allegations outlined in the Mueller report, explaining that even if there isn't a possibility of charging ... Donald Trump, there still appears to be a 'pattern of corruption.' '... It's alarming,' said Baker, now the director of national security and cybersecurity at the R Street Institute. 'Even if it doesn't rise to the level of illegality, it sure looks like a pattern of corruption.' During an interview at the Brookings Institution, Baker also refuted the notion that the Russia investigation was an 'attempted coup' -- a claim Trump has repeatedly alleged. '(The campaign probe) was about Russia...,' Baker said. "When the Papadopoulos information comes across our radar screen it's coming across in the sense we were always looking at Russia.... We have been thinking about Russia as a threat actor and the Soviet Union before for decades and decades.' Baker also echoed comments made by FBI Director Christopher Wray Tuesday when he said not investigating the interactions between Trump's campaign and Russian foreign agents would have gone against the FBI's duty. Baker said he also didn't agree with Attorney General William Barr's assertion that the FBI spied on Trump's campaign."

Ari Melber of MSNBC bids a not-so-fond farewell to Rod Rosenstein, whose last day on the job was Friday:

Trump Ruins Everything He Touches. Josh Dawsey, et al., of the Washington Post: "President Trump has effectively taken charge of the nation's premier Fourth of July celebration in Washington, moving the gargantuan fireworks display from its usual spot on the Mall to be closer to the Potomac River and making tentative plans to address the nation from the steps of the Lincoln Memorial, according to top administration officials. The president's starring role has the potential to turn what has long been a nonpartisan celebration of the nation's founding into another version of a Trump campaign rally. Officials said it is unclear how much the changes may cost, but the plans have already raised alarms among city officials and some lawmakers about the potential impact of such major alterations to a time-honored and well-organized summer tradition."

Robert Burns of the AP: "The Pentagon is shifting $1.5 billion in funds originally targeted for support of the Afghan security forces and other projects to help pay for construction of nearly 80 miles (130 kilometers) of wall at the U.S.-Mexican border, officials said Friday. Congress was notified of the move Friday. It follows the Pentagon's decision in March to transfer $1 billion from Army personnel budget accounts to support wall construction. Some lawmakers have been highly critical of the Pentagon shifting money not originally authorized for border security. The combined total of $2.5 billion is in response to ... Donald Trump's declaration of a national emergency at the border.... Trump vetoed Congress' attempt to reverse his emergency declaration. In all, the Pentagon is expected to shift about $6.1 billion to help build a border wall, including about $3.6 billion from military construction projects, some of which will be delayed." ...

Abigail Hauslohner of the Washington Post: "More than 80 Democratic members of Congress have asked the Government Accountability Office to conduct an investigation into the 'record-breaking' backlog of immigration cases pending under the Trump administration.... Immigration attorneys, advocates and Democratic lawmakers say the administration has intentionally slowed the process through which it grants citizenship and other immigration benefits, creating a massive backlog.... The USCIS net backlog -- which includes all immigration case applications, ranging from pending green cards to immigrant work visas -- exceeded 2.3 million cases by last fall, a recent analysis by the American Immigration Lawyers Association found."

Beyond the Beltway

North Carolina. She Asked for It. Avery Wilks of the Charlotte Observer: “A GOP state lawmaker [-- Nancy Mace --] who recently gave an impassioned speech about being raped as a 16 year old says she feels attacked after a Republican colleague passed out literature describing rape as a 'misdeed of the parent' that doesn't justify having an abortion.... 'It is a twisted logic that would kill the unborn child for the misdeed of the parent,' read the card, produced by Personhood SC, a group fighting for an outright abortion ban with no exceptions in South Carolina. The Spartanburg Republican who passed out the card this week, state Rep. Josiah Magnuson, acknowledged the poor word choice in an interview with The State Friday but said he wouldn't back down from his position. And now House leaders plan to address the dustup in a private meeting next month, reminding fellow Republicans there are rules against attacking the integrity or character of fellow House members." Mrs. McC: This is why you don't want to be a Republican, Nancy.

Comments

[PD Pepe]

" ... Mrs. McC: This is why you don't want to be a Republican, Nancy."

And Mayor Pete goes a step further: On the Today show yesterday he said that he couldn't imagine God being Republican.

And that remark will certainly ruffle the feathers of Pence who, according to Omarosa, talks to God or Jesus or Mary or whomever he can get a hold of at odd hours.

I, myself, put a ring-a-ding into the Big Guy in the Sky but the answering service said HE was not available at this time as He was busy with the long slog of reading the Mueller report.

Hats off to Ari Melber–-good job!

Note from Wisconsin: During a town hall meeting with his constituents:

Hi, I'm your senator, Ron Johnson from Wisconsin. I'm as dumb as a brick but I ain't no hick cuz I bin to Russia twice!

and the crowd clapped and threw kisses and will continue to vote for this guy.

Last word:
"the King is not the law; the law is King."
––Thomas Paine

[PD Pepe]

John Paul Stevens speaks out:
"Trump is excercising powers that do not belong to him."
https://www.cnn.com/2019/05/10/politics/john-paul-stevens-wsj-trump/index.html

[PD Pepe]

Here's a good exchange between Derek Scissors (with the American Enterprise Inst.) and Ryan Hass (former Obama National Sec. Council China director, now at Brookings) hosted by Nick Schifrin of PBS News ( with video and transcript) re: U.S. China trade talks:

Why both sides feel they have the leverage:
https://www.pbs.org/newshour/show/u-s-china-trade-talks-end-without-a-deal-why-both-sides-feel-they-have-the-leverage

[Aunt Hattie]

@ Mrs. McCrabbie -

“It’s like fucking in a cathedral.”
- Leonard Bernstein to Maryan Stevens, describing the intensity of conducting a musical masterpiece.

What an utterly fantastic quote!!! And one need only view footage of his conducting - or just still shots of him - to understand that this would be viscerally so for Bernstein. He and his art were one in creativity, spirit and passion.

Any chance of obtaining additional context for these words? I’ve been unable, so far, to locate any. Many Thanks.

[Marie Burns]

@Aunt Hattie: The quote came from the WashPo article linked below it. The article provides some context.

[Aunt Hattie]

@Mrs.Bea McC:

Doh! I mostly access RC via my cellphone, both en route and in bits.
(I also straddle the dyslexia spectrum.). And appreciate your navigating me back to the RC site. :)