The Commentariat -- September 4, 2018
Senate confirmation hearings for Brett Kavanaugh are scheduled to begin at 9:30 am ET today.
Massachusetts is holding primary elections today.
Late Morning/Afternoon Update:
Yvonne Sanchez & Maria Polletta of the Arizona Republic: "Gov. Doug Ducey on Tuesday publicly chose Jon Kyl, once one of the most powerful Republicans in the U.S. Senate, to succeed the late Sen. John McCain.... Kyl could be sworn in as early as Tuesday night, though Wednesday is more likely, according to a governor's aide. He has agreed to serve at least through the end of the year.... If Kyl opts to step down after the end of the session, the governor would be required to appoint another replacement." Mrs. McC: It goes without saying that Kyl will vote to confirm Kavanaugh.
New York Times reporters are liveblogging the Kavanaugh hearings. "Judge Brett M. Kavanaugh's hearing before the Senate Judiciary Committee on Tuesday began with a bang, as Democrats moved angrily to adjourn to consider newly released documents and protesters screamed in support. Senator John Cornyn, Republican of Texas, called it 'mob rule.'" ...
... Chris Geidner of BuzzFeed News: "After two days of questions about how it was decided that more than 100,000 pages of Supreme Court nominee Brett Kavanaugh's White House work would be withheld from the Senate Judiciary Committee's review, the Justice Department took responsibility for the decision on Monday night.... The news that the documents were being kept from the public and the committee was reported on Friday night.... Lawyers for [George W.] Bush, led by William Burck of Quinn Emanuel, reviewed the documents requested and then provided the presidential records they found to the Justice Department for review.... Both career lawyers and political appointees in the Justice Department's Office of Legal Counsel and Office of Legal Policy reviewed those documents, electronically tagging the documents that they believed should not be turned over as 'withhold for executive privilege.' Ultimately, that decision was reached with 27,110 documents, amounting to 101,921 pages."
The Lunatic in the White House: A (Mostly) Nonfiction Book. Philip Rucker & Robert Costa of the Washington Post: In his new book, Bob "Woodward depicts Trump's anger and paranoia about the Russia inquiry as unrelenting, at times paralyzing the West Wing for entire days.... The 448-page book was obtained by The Washington Post.... A central theme of the book is the stealthy machinations used by those in Trump's inner sanctum to try to control his impulses and prevent disasters, both for the president personally and for the nation he was elected to lead.... The ... forthcoming book ... paints a harrowing portrait of the Trump presidency, based on in-depth interviews with administration officials and other principals. Woodward writes that his book is drawn from hundreds of hours of interviews with firsthand participants and witnesses that were conducted on 'deep background,' meaning the information could be used but he would not reveal who provided it. His account is also drawn from meeting notes, personal diaries and government documents." Read on. ...
... Kaitlan Collins of CNN: "... Donald Trump has become increasingly exasperated in recent weeks that he wasn't interviewed by Bob Woodward ahead of the publication of his upcoming book, three sources with knowledge of the President's concern tell CNN. Trump's irritation reflects a heightened sense of unease in the West Wing about next week's release of the veteran reporter's book 'Fear: Trump in the White House,' which details life in the Trump administration.Woodward made several attempts to interview Trump, CNN is told.... But the interview never panned out.... Multiple people close to Trump have speculated that part of the reason an interview never happened was because of a policy instituted by chief of staff John Kelly after the January publication of [Michael] Wolff's 'Fire and Fury: Inside the Trump White House,' which portrayed Trump as an ill-equipped leader who refused to read even one-page briefing papers."
Brad Reed of the Raw Story: "The hosts of 'Fox & Friends' on Tuesday appeared visibly deflated after legal analyst Andrew Napolitano told them that ... Donald Trump's latest tweets attacking Attorney General Jeff Sessions would provide 'fodder' for special counsel Robert Mueller's probe. In particular, Napolitano turned a critical eye to Trump's tweet attacking Sessions for letting the Department of Justice file charges against Reps. Chris Collins (R-NY) and Duncan Hunter (R-CA), who were respectively indicted on charges related to insider trading and campaign finance fraud.... '... there can't be two standards: One for members of Congress -- Republican members of Congress -- and one for others. It is the duty of the Justice Department to prosecute crimes when they find them and to bring indictments when a grand jury has decided there's enough evidence there,' [Napolitano said]."
Gone But Not Forgotten. Stephanie Ebbs of ABC News: "The U.S. Environmental Protection Agency did not justify increased spending on former Administrator Scott Pruitt's 24-hour security detail, which grew by almost $2 million in less than a year, the EPA's watchdog said. 'Failure to properly justify the level of protective services provided to the Administrator has allowed costs to increase from $1.6 million to $3.5 million in just 11 months,' the agency's inspector general said in a long-awaited report ... released Tuesday."
Gubernatorial Race. Kansas. Hunter Woodall of the Kansas City Star: "Republicans in Kansas further splintered Tuesday as the last moderate member of the party to hold the governor's office in Kansas endorsed a Democrat for governor over Kris Kobach, the GOP nominee. In a statement, former Kansas governor Bill Graves said he planned to support [state] Sen. Laura Kelly in the November election. Kelly is running against Kobach and independent Greg Orman. 'Laura Kelly is the only Democrat I have ever endorsed for public office,' Graves said in the statement."
*****
Catherine Lucey of the AP: "... Donald Trump escalated his attacks on Attorney General Jeff Sessions on Monday, suggesting the Department of Justice put Republicans in midterm jeopardy with recent indictments of two GOP congressmen. In his latest broadside against the Justice Department's traditional independence, Trump tweeted that 'Obama era investigations, of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department.' He added: 'Two easy wins now in doubt because there is not enough time. Good job Jeff......' The first two Republicans to endorse Trump in the Republican presidential primaries were indicted on separate charges last month: Rep. Duncan Hunter of California on charges that included spending campaign funds for personal expenses and Rep. Chris Collins of New York on insider trading. Both have proclaimed their innocence. Another blow in Trump's long-running feud with Sessions, the president's complaint fits with his pattern of viewing the Department of Justice less as a law enforcement agency and more as a department that is supposed to do his political bidding." (Also linked yesterday afternoon.) ...
The United States is not some banana republic with a two-tiered system of justice -- one for the majority and one for the minority party. These two men have been charged with crimes because of evidence, not because of who the president was when the investigations began. -- Sen. Ben Sasse (R-Neb.) ...
... Josh Dawsey of the Washington Post: "The tweet indicated that his attorney general should base law enforcement actions on how it could affect the president and the Republican Party's electoral success. It also seemed to indicate that electoral popularity should influence charges. A few minutes after the tweet on Sessions, Trump added a second tweet attacking former FBI director James B. Comey.... 'The Democrats, none of whom voted for Jeff Sessions, must love him now. Same thing with Lyin' James Comey. The Dems all hated him, wanted him out, thought he was disgusting - UNTIL I FIRED HIM! Immediately he became a wonderful man, a saint like figure in fact. Really sick!'" ...
... Ben Dreyfuss of Mother Jones: "With Monday's tweets, Trump united the two big political dramas -- the midterm elections and the Mueller investigation -- and made clear that he views any actions by the Justice Department through the prism of how it pertains to him, his party, and their shared fortune." ...
... Asawin Suebsaeng of the Daily Beast: "... Donald Trump has a proven track record of paying extremely close attention to his favorite TV shows, to the point that a Fox guest or host's televised advice can trigger him to dramatically upend his own party and team's calculated strategy and stance. These are television shows that often have more direct influence and impact on Trump than many of his senior staffers or top officials. And now, many of the president's all-time favorite hosts and media personalities are telling him, over and over again, to get rid of Attorney General Jeff Sessions as quickly as humanly possible.... For her Labor Day weekend episode of Justice With Judge Jeanine, Fox News host Jeanine Pirro dedicated her opening monologue to personally and professionally trashing Trump's attorney general as a witless 'shill' and as a pathetic enabler of supposed 'corruption by the Democrats.'" And so forth. ...
... Jonathan Swan of Axios: "With a tweet complaining that indictments of two congressmen 'by the Jeff Sessions Justice Department' put GOP seats at risk, President Trump guaranteed a confirmation minefield for any future attorney general.... A senior Justice Department official said: 'It was a very concerning tweet. It shows how POTUS thinks DOJ should be used: As a weapon against enemies and a tool to win elections.' Referring to the two congressional indictments, the official said: 'Both cases are not even close, the facts are very bad.' One of Washington's most respected Republican lawyers said: 'Like everything else, he shoots first and then asks questions later. So in his ... mind he thinks he can find someone to take the job who will be confirmable and rein in Mueller. So he'll force out Sessions and then find there's no one who will take the job who the Senate Republicans can support.'" Emphasis original. Mrs. McC: Swan is more a breathless headline peddler than an analyst, but he might be right about this.
... Gene Robinson: "President Trump's incoherence grows to keep pace with his desperation. These days, he makes less sense than ever -- a sign that this malignant presidency has entered a new, more dangerous phase.... Trump is taking a page from the playbook of totalitarian dictators: Believe only me. Reality is what I say it is. Anyone who claims otherwise is an Enemy of the People. Trump desperately wants an attorney general who will shut Mueller down. The incumbent, Jeff Sessions, cannot do so because he is recused from the matter. Republican senators who once warned Trump not to dare fire Sessions now seem resigned to the fact that Trump will do just that. It makes sense for Trump to make his move after the election. If Republicans still control Congress, he'll get away with it. If Democrats take charge, he won't. If anyone asks you what's at stake in November, tell them democracy and justice."
Trump Is Killing His Own Voters (and They Don't Live on Fifth Avenue). Ellen Knickmeyer & John Raby of the AP: "... Donald Trump picked [West Virginia] to announce his plan rolling back Obama-era pollution controls on coal-fired power plants. Trump left one thing out of his remarks, though: northern West Virginia coal country will be ground zero for increased deaths and illnesses from the rollback on regulation of harmful emission from the nation's coal power plants. An analysis done by his own Environmental Protection Agency concludes that the plan would lead to a greater number of people here dying prematurely, and suffering health problems that they otherwise would not have, than elsewhere in the country, when compared to health impacts of the Obama plan.... Nationally, the EPA says, 350 to 1,500 more people would die each year under Trump's plan. But it's the northern two-thirds of West Virginia and the neighboring part of Pennsylvania that would be hit hardest, by far, according to Trump's EPA." (Also linked yesterday afternoon.)
Post-truth Trump/Putin convergence --safari
... "They're asserting that they are not constrained by reality." Mrs. McC: Watch the video. It's really good.
POtuS Trashes Labor Leader on Labor Day. Jeff Stein of the Washington Post: "President Trump criticized the leader of the nation's largest union federation on Monday, escalating the feud between the administration and organized labor amid crucial negotiations for both sides over the North American Free Trade Agreement. Richard Trumka, president of the AFL-CIO, had on Sunday disputed the White House's strategy for renegotiating the NAFTA trade pact and argued that Trump had 'done more to hurt workers than to help' them since taking office. Those comments elicited a sharp counterattack from Trump, who blasted Trumka as an ineffectual leader just as union members across the country prepared for Labor Day celebrations. 'Trumka, the head of the AFL-CIO, represented his union poorly on television this weekend,' Trump said in a tweet. 'Some of the things he said were so again[s]t the working men and women of our country, and the success of the U.S. itself, that it is easy to see why unions are doing so poorly.'" (Also linked yesterday.) ...
... Justin Wise of the Hill: "'Happy Labor Day!' Trump tweeted [this morning]. 'Our country is doing better than ever before with unemployment setting record lows. The U.S. has tremendous upside potential as we go about fixing some of the worst Trade Deals ever made by any country in the world. Big progress being made!" he added." Emphasis added. Mrs. McC: But we're so poor we can't afford to give federal workers a measly COL increase because of, um, a "national emergency or serious economic conditions." (See Vox report, linked below.) (Also linked yesterday.)
Jessica Tyler of Business Insider: "Of his 590 days in office, Trump has gone to Trump properties on 196 days and Trump golf properties on 153 days, according to NBC's tracker. That adds up to 25% of his 590 days in office spent at least in part.... Trump once said that, as president, he was 'not going to have time to go play golf.' He also spent years attacking former President Barack Obama for golfing and taking vacations while in office. But during his first 100 days in office, Trump found more time for golf than than each of his last three predecessors, totaling 90 days in his first year alone, compared to Obama's one day golfing during his first year in office."
Campbell Robertson & Jim Tankersley of the New York Times: "Mr. Trump rode to office in part by promising economic revival to sputtering towns across America. Economic growth has accelerated since he took office, from the final year of President Barack Obama's administration, and Mr. Trump frequently claims credit for it. But the growth under Mr. Trump has not helped everywhere. It has lifted wealthy areas ... which were already growing before he took office. And it has left the most economically troubled swaths of the country, the ones that Mr. Trump promised to revitalize, waiting for their share of the good times. The divide is pronounced between the high- and low-income counties that helped deliver Mr. Trump the White House."
AND Justice for All Some. Katie Benner of the New York Times: "Since its founding six decades ago, the Justice Department's civil rights division has used the Constitution and federal law to expand protections of African-Americans, gays, lesbians and transgender people, immigrants and other minorities -- efforts that have extended the government's reach from polling stations to police stations. But under Attorney General Jeff Sessions, the focus has shifted to people of faith, police officers and local government officials who maintain they have been trampled by the federal government. The department has supported state voting laws that could wind up removing thousands of people from voter rolls. And it has pulled back on robust oversight of police departments found to have violated the rights of citizens in their jurisdictions."
David Leonhardt of the New York Times: "They sat in seats of honor, near the front of Washington National Cathedral.... By all appearances, they were honoring their departed colleague, Senator John Sidney McCain III, during a majestic ceremony on Saturday. And by doing so they were showing America that leaders of both parties reject the hateful, petty, law-defying politics of President Trump. They were showing America what a better nation could look like. But it was all an act -- a cynical, hypocritical act that McCain, who had a keen eye for hypocrisy, would have seen right through. It was an act for Mitch McConnell..., for Paul Ryan, the speaker of the House. It was an act, most jarringly, for Lindsey Graham, McCain's dear friend and the senior senator from South Carolina. It was an act for Orrin Hatch, Rob Portman and nearly all of the other Republican members of Congress who attended the service.... They have not kept faith with the principles that McCain held dear -- and that he himself organized his memorial service to celebrate, as a clear rebuke to Trump and Trumpism. McConnell, Ryan, Graham and the others have instead ... made possible Trump's hateful, petty, law-defying politics." ...
... Jonathan Chait: "After John McCain's death..., Chuck Schumer proposed another kind of tribute to the iconic senator and war hero: that the Russell Senate Office Building, currently named for a segregationist southern Democrat, be renamed for McCain. His Republican colleagues, however, demurred. They could not admit that their real reason for opposing the honor was that McCain had crossed Trump. Nor could they defend Senator Richard Russell's ardent white supremacy, which extended to denouncing laws to ban lynching. Instead, they flailed about, inventing pretexts on the fly.... Senate Republicans demonstrated their willingness to turn on a colleague out of fealty to Trump, and all the better for him that they did so out of transparent fear rather than conviction.... As Republicans' scant interest in inhibiting Trump has waned, his authoritarianism has grown more uninhibited.... As Trump plunges deeper into his war against the rule of law, the Republican Congress marches along beside him, unindicted co-conspirators all."
Paul Krugman: "... now McCain is gone, and with him, as far as we can tell, the only Republican in Congress with anything resembling a spine. As a result, if Republicans hold Congress in November, they will indeed repeal Obamacare. That's not a guess: It's an explicit promise, made by Vice President Mike Pence last week.... Republicans haven't rethought their ideas on health care (or, actually, anything else). Partly that's because the modern G.O.P. doesn't do policy analysis.... In the case of health care, however, there's an even deeper problem: The G.O.P. can't come up with an alternative to the Affordable Care Act because no such alternative exists.... Obamacare is the most conservative option for covering pre-existing conditions, and if Republicans really cared about the scores of millions of Americans with such conditions, they would support and indeed try to strengthen the A.C.A.... Do they imagine that voters are stupid? Well, yes. In recent rallies Donald Trump has been declaring that Democrats want to 'raid Medicare to pay for socialism.'"
Fred Barbash & Seung Min Kim of the Washington Post: "Hours before the start of hearings on Brett Kavanaugh's nomination to the Supreme Court, the lawyer for former president George W. Bush turned over 42,000 pages of documents from the nominee's service in the Bush White House, angering Senate Minority Leader Charles E. Schumer, who issued what is certain to be a futile call to delay the proceedings. 'Not a single senator will be able to review these records before tomorrow,' Schumer (D-N.Y.) tweeted Monday evening.... A few hours later, a tweet from the committee said that the 'Majority staff has now completed its review of each and every one of these pages.'... The hearings are scheduled for 9:30 a.m. Tuesday, with opening statements by committee members. No information was released on the subject matter of the documents, and Bush's lawyer asked that they be kept from the public...."
Counting Their Chickens. Nicholas Fandos of the New York Times: "House Democrats, increasingly optimistic they will win back control in November, are mining a mountain of stymied oversight requests in preparation for an onslaught of hearings, subpoenas and investigations into nearly every corner of the Trump administration. While they continue to distance themselves from the most extreme recourse -- impeaching President Trump -- senior Democrats who stand to control key House panels could soon oversee inquiries into some of the most precarious threats to Mr. Trump's presidency. Those include whether his campaign coordinated with Russia to influence the 2016 election, if the president obstructed a federal investigation into the matter and what role Mr. Trump played in paying to silence two women in the closing weeks of the campaign.... Their scrutiny could also extend beyond Mr. Trump's legal troubles to include his administration's remaking of federal regulations and other policies that the party has disagreed with."
Journalists Looking Silly
What Were They Thinking? Sopan Deb of the New York Times: "Stephen K. Bannon ... will no longer appear as a headliner at this year's New Yorker Festival, David Remnick, the editor of The New Yorker, announced in an email to the magazine's staff on Monday evening. The announcement followed several scathing rebukes and high-profile dropouts after the festival's lineup, with Mr. Bannon featured, was announced. Within 30 minutes of one another, John Mulaney, Judd Apatow, Jack Antonoff and Jim Carrey announced on social media that they would be pulling out of scheduled events at the festival. Right around the time when Mr. Remnick announced the cancellation..., Patton Oswalt did the same.... The backlash was not limited to would-be festival attendees. The writer Roxane Gay announced that she would no longer be writing an in-progress essay that had been commissioned by the magazine." ...
... Brian Stelter of CNN in Medium, publishes David Remnick's memo to staff. Mrs. McC: It may add to public discourse to speak with someone who holds different views from yours, but only if that person offers honest arguments. Bannon -- besides being a racist nationalist -- is a malevolent shape-shifter, & there's no benefit to anyone in hearing his propaganda. ...
... Update. Steve M. "... Bannon ... bamboozles listeners ... with a firehose spew of words that sound reasonably intelligent but mostly serve as a delivery system for (a) white nationalism and (b) self-promotion. The former is reason enough not to invite him, but so is the latter. Here's a guy who lost his powerful government job, who lost his Mercer family financing, and who is now going from interviewer to interviewer looking for a way to shoehorn himself back into the public consciousness. If his racism isn't enough reason to give him a wide berth, then his current irrelevance ought to be the deciding factor. He was a noxious presence in our political life, but now he's out of the picture -- except that he's desperate to be a noxious presence again. Why help him?... I don't want to help him fulfill either of these needs. I don't know why the hell David Remnick wanted to."
John Koblin of the New York Times: "The discord between NBC News and Ronan Farrow went public on Monday night. At 7 p.m., Andrew Lack, the chairman of NBC News, sent an email to network staff members arguing that Mr. Farrow's reporting last year on the film mogul Harvey Weinstein was not 'fit for broadcast.' Hours later, Mr. Farrow fired back at his ex-boss with a pointed statement that took issue with Mr. Lack's version of events. Mr. Farrow, while working on contract for NBC, spent eight months reporting on the alleged transgressions of Mr. Weinstein -- only to end up publishing an award-winning series centered on the film executive and his many accusers in The New Yorker magazine. Since then, people in media and entertainment have wondered why the network allowed the reporter to go out the door with the makings of such a big story." Mrs. McC: Looks like a war without winners, except to the extent it raises Farrow's profile.
Medlar's Sports Report. Darren Rovell of ESPN: "Colin Kaepernick ... the former NFL quarterback, who is suing NFL owners for allegedly colluding to keep him out of the league, is one of the faces of a new Nike campaign meant to commemorate the 30th anniversary of the brand's iconic 'Just Do It' motto.... The new ad, which Kaepernick shared on social media Monday afternoon, features the message: 'Believe in something. Even if it means sacrificing everything.'"
Way Beyond the Beltway
Thomas Maresca in USA Today: "Two Reuters journalists were sentenced to seven years in prison on Monday in Myanmar, convicted of possessing state secrets in a case that many supporters believe was retribution for their reporting on a massacre of 10 Rohingya men by security forces in 2017. The reporters, Wa Lone, 32, and Kyaw Soe Oo, 28, were investigating a September 2017 attack at Inn Din village in Myanmar's violence-plagued Rakhine State. They were arrested on December 12 and accused of obtaining classified documents under the Colonial-era 1923 Official Secrets Act. The pair, both Myanmar nationals, pleaded not guilty to the charges, which carried a maximum penalty of 14 years. Both claimed they had been set up, telling the court they had been given documents by police relating to their investigation and then were arrested by plainclothes policeman. During the trial, a police captain testified that he had witnessed the plot to entrap the reporters by planting the documents on them. The defense is able to appeal the decision to regional court and Myanmar's supreme court."