The Commentariat -- September 15, 2019

Late Morning Update:

David Edwards of the Raw Story: “White House aide Kellyanne Conway on Sunday insisted that Democrats do not have a 'constitutional basis' to embarrass ... Donald Trump by conducting an impeachment inquiry. 'Stop the nonsense of harassing and embarrassing this president and the people around him when you have no constitutional or legal basis to do so,' she said." Mrs. McC: Maybe KellyAnne should ask her husband the lawyer about that.

I sat through those hearings. Brett Kavanaugh lied to the U.S. Senate and most importantly to the American people. He was put on the Court through a sham process and his place on the Court is an insult to the pursuit of truth and justice. He must be impeached. -- Kamala Harris, in a tweet today

It's more clear than ever that Brett Kavanaugh lied under oath. He should be impeached. And Congress should review the failure of the Department of Justice to properly investigate the matter. -- Julian Castro, in a tweet Saturday night

Horse Bites Veep. Or Not. Lesley Clark of McClatchy News in the Charlotte (N.C.) Observer (Sept. 13): "Vice President Mike Pence says Triple Crown winner American Pharoah bit him hard enough on the arm during a 2018 visit to Kentucky that he nearly collapsed. But farm manager Dermot Ryan, who was there as Pence was presented with an American Pharoah halter, said Friday it would be out of character for a horse he described as 'sweet.'"

Margot Sanger-Katz, et al., of the New York Times: "Early this summer, Congress appeared on its way to eradicating the large medical bills that have shocked many patients after emergency care. The legislation to end out-of-network charges was popular and had support from both sides of the aisle. President Trump promised his support. Then, in late July, a mysterious group called Doctor Patient Unity showed up. It poured vast sums of money -- now more than $28 million -- into ads opposing the legislation, without disclosing its staff or its funders. Trying to guess who was behind the ads became something of a parlor game in some Beltway circles. Now, the mystery is solved. The two largest financial backers of Doctor Patient Unity are TeamHealth and Envision Healthcare, private-equity-backed companies that own physician practices and staff emergency rooms around the country, according to Greg Blair, a spokesman for the group.... TeamHealth was acquired in 2016 by the private-equity firm Blackstone Group in a deal valued at $6.1 billion. And last fall, in one of the largest takeovers of the year, the private-equity giant KKR spent $9.9 billion to acquire Envision Healthcare.... The proposed legislation, which may advance to floor votes this year, is potentially bad for business for TeamHealth and Envision." Thanks to Patrick for the link. See also Patrick's commentary below.

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Michelle Goldberg of the New York Times on "Margaret Atwood's dystopia, and ours." Atwood's new novel The Testaments is a sequel to The Handmaid's Tale. "'The Testaments' ... would be a literary event in any period; in ours, it's a cultural phenomenon.... 'Writing dystopias and utopias is a way of asking the reader the question, "Where do you want to live?"' Atwood said when I talked to her last year. 'And where you end up living is going to depend partly on what you do now.' 'The Testaments,' it turns out, isn't a dystopian work at all. It's utopian. By the time it's over..., the rigidly patriarchal Republic of ... Gilead is a relic, and scholars in a more enlightened time are studying the women who subverted it. Praise be! Our descendants should be so lucky."

Masha Gessen of the New Yorker: "Donald Trump keeps winning. He is waging war against government and expertise -- two of the constant targets of his campaign rage -- and both American and international institutions are the losers. Consider two recent, unrelated events: the Supreme Court order that cleared the way for extreme restrictions on the right to seek asylum, and the appointment of a thirty-year-old administrative assistant as the United States' new envoy to the Middle East.... Contempt for expertise and disdain for the ways of government are integral to the Trumpian worldview, in which procedure exists only to thwart the President and experts only complicate things, solely in order to keep plain folk out. During his campaign, Trump claimed to keep only his own counsel on foreign policy -- a commitment to ignorance and impulsiveness that he apparently demonstrated by ousting his third national-security adviser this week."

** Supreme Perjurer. New York Times reporters Robin Pogrebin & Kate Kelly in a NYT op-ed: Brett Kavanaugh has "adamantly denied" allegations that he sexually assaulted fellow Yale student Deborah Ramirez at a party when they were both students. "During his Senate testimony, Mr. Kavanaugh said that if the incident Ms. Ramirez described had occurred, it would have been 'the talk of campus.' Our reporting suggests that it was. At least seven people, including Ms. Ramirez's mother, heard about the Yale incident long before Mr. Kavanaugh was a federal judge. Two of those people were classmates who learned of it just days after the party occurred.... A classmate, Max Stier, saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student. Mr. Stier ... notified senators and the F.B.I. about this account, but the F.B.I. did not investigate.... Ms. Ramirez's legal team gave the F.B.I. a list of at least 25 individuals who may have had corroborating evidence. But the bureau -- in its supplemental background investigation -- interviewed none of them, though we learned many of these potential witnesses tried in vain to reach the F.B.I. on their own. Two F.B.I. agents interviewed Ms. Ramirez, telling her that they found her 'credible.' But the Republican-controlled Senate had imposed strict limits on the investigation." ~~~

     ~~~ Mrs. Bea McCrabbie: Remember this from way back yesterday? New York Times: "The Justice Department will present one of its most prestigious awards to the lawyers who worked on the highly contentious Supreme Court nomination process of Judge Brett M. Kavanaugh. Nex month, Attorney General William P. Barr will present the Attorney General's Award for Distinguished Service to those who worked 'to support the nomination' of the judge...." That's right; Bill Barr will give you a "prestigious award" for aiding & abetting a perjurer seeking a Supreme Court gig. Oh, and a special shout-out to rabid feminist activist Sen. Susan Collins, who made it all possible & still does not regret her deciding vote for the liar & repeat sexual offender. Extra thanks to Joe Biden, who so enjoys "working with the other side" that he ensured we had another sexual assaulter & perjurer on the highest court. ~~~

(Sniff) I love coaching [girls' basketball] more than anything I've ever done in my whole life. (sniff) But thanks to what some of you on this side of the committee [i.e., Democrats] have unleashed, I may never be able to coach again. -- Brett Kavanaugh, during a confirmation hearing ~~~

~~~ Tom Scotta of Slate: "In addition to taking his lifetime seat on the Supreme Court, by the fall of last year, Kavanaugh had returned to coaching girls' basketball." ~~~

>~~~ John Bowden of the Hill: "Former Housing Secretary Julián Castro said Saturday that ... nonprofit owner Max Stier's allegation that Kavanaugh exposed himself at a party before other students pressed him against a female student, forcing his genitals to come in contact with her hand, should be investigated. 'Brett Kavanaugh's confirmation is a shame to the Supreme Court. This latest allegation of assault must be investigated,' he tweeted." ~~~

~~~ Kyle Balluck of the Hill: "President Trump in an early morning tweet on Sunday said 'Radical left Democrats' and the 'LameStream Media' want to scare Supreme Court Justice Brett Kavanaugh into 'turning Liberal.' 'Now the Radical Left Democrats and their Partner, the LameStream Media, are after Brett Kavanaugh again, talking loudly of their favorite word, impeachment,' he tweeted. 'He is an innocent man who has been treated HORRIBLY. Such lies about him. They want to scare him into turning Liberal!'... Trump in a follow-up tweet early Sunday said Kavanaugh should 'start suing people for liable,' suggesting that the Justice Department should 'come to his rescue.' 'The lies being told about him are unbelievable. False Accusations without recrimination. When does it stop?' he asked. 'They are trying to influence his opinions. Can';t let that happen!'" ~~~

     ~~~ Mrs. McCrabbie: "Suing for liable"??? How about "suing for lie-able"? After all, no chance Brett would prevail in a suit for libel. Update: The spelling of "libel" in both the body of the story & Trump's tweet has been corrected. Daniel Politi of Slate reports on the original tweet.

Christian Vasquez of Politico: "... Donald Trump on Saturday said he discussed a potential mutual defense treaty with Israeli Prime Minister Benjamin Netanyahu in a phone call just days before the Israeli election.... Netanyahu has been exploring a defense alliance with the U.S. for some months now, according to reports, and the issue is seen as a potential boost to his re-election bid. The Israeli elections are scheduled to take place Tuesday."

Alex Horton of the Washington Post: "Hamza bin Laden, the son of Osama bin Laden and once-possible heir to the al-Qaeda terrorist network, was killed in a U.S. counterterror operation in the Afghanistan-Pakistan region, President Trump said Saturday -- more than a month after officials suggested he was killed. Osama bin Laden's son was 'responsible for planning and dealing with various terrorist groups,' President Trump said in a statement released by the White House. His death is a blow to al-Qaeda's leadership acumen, Trump said, and symbolic given the connection to his slain father, who was killed in a Navy SEAL raid on his Pakistani refuge in 2011." The CNN story is here. (Also linked yesterday.)

Ted Hesson of Politico: "An internal memo prepared by a top Trump immigration official [-- USCIS Policy and Strategy Chief Kathy Nuebel Kovarik --] recommends that U.S. Citizenship and Immigration Services be stripped of its authority to delay deportations for undocumented immigrants receiving treatment for serious medical conditions. The Trump administration in August quietly halted its processing of such requests, which are known as 'deferred action.'... USCIS' authority to grant deportation relief through deferred action dates back to the creation of the Homeland Security Department in 2003."

Presidential Race 2020

Veronica Stracqualursi of CNN: "Democratic presidential hopeful Joe Biden committed to publicly releasing his medical records before the Iowa caucuses after questions of whether the 76-year-old former vice president is fit for the rigors of the presidency and to take on ... Donald Trump, aged 73, in a grueling 2020 campaign."

Sara Fischer of Axios: "More than 1,000 accounts across several different social media platforms with suspicious, bot-like characteristics helped push quote tweets, a tweet that is retweeted but additional text is added, from Donald Trump campaign accounts during the third primary debate, according to an analysis provided to Axios by social media intelligence company Storyful. Those tweets accounted for the top 3 most-shared links across several social media platforms, including Facebook, Reddit, etc., during the debate.... Despite attempts by social media companies to weed out malicious behavior online, automated accounts are still driving a large part of the social conversation around political events.

~~~ Colby Itkowitz of the Washington Post: "... Saturday, the Sanders campaign said it had 'already reached out to a Nevada senate office for case work help.'"

Erik Ortiz of NBC News: "'Saturday Night Live' remained silent Friday after the growing furor that one of its newest cast members has a history of racist and homophobic remarks. The controversial comments -- made by standup comedian Shane Gillis in a podcast video uploaded a year ago -- surfaced Thursday on social media, just hours after 'SNL' announced his hiring, and led some fans to demand the long-running sketch comedy show drop him ahead of the new season.... In clips from 'Matt and Shane's Secret Podcast,' which have been removed from its YouTube channel, Gillis and his co-host denigrate Chinatown and Chinese food, speak in caricature Asian accents and make sexist comments about Asian women. Gillis also uses an ethnic slur used to describe the Chinese. Gillis has taken part in other recorded conversations in which he mocks an Asian boy with Down syndrome and uses homophobic slurs about other comedians." Mrs. McC: Somehow, I don't think I'm going to find that guy funny. (Also linked yesterday.)

Blake Montgomery of the Daily Beast: "While MIT engages in damage control following revelations the university's Media Lab accepted millions of dollars in funding from Jeffrey Epstein, a renowned computer scientist at the university has fanned the flames by apparently going out of his way to defend the accused sex trafficker -- and child pornography in general. Richard Stallman has been hailed as one of the most influential computer scientists around today..., but his eminence in the academic computer science community came into question Friday afternoon when purportedly leaked email excerpts showed him suggesting one of Epstein's alleged victims was 'entirely willing.'... A deep dive into his writings shows this isn't the first time Stallman has expressed such questionable views.... He has written dozens of posts on his personal website in favor of legalizing pedophilia and child pornography for more than 15 years."

WNDU South Bend, Indiana: "Police say 2,246 medically preserved fetal remains were found on the property of Ulrich George Klopfer, a late abortion doctor who used to operate a South Bend clinic. Klopfer died on Sept. 3. On Sept. 12, the Will County (Illinois) Coroner's Office received a call from an attorney representing his family. They reported finding fetal remains among Klopfer's personal property and requested proper removal. Will County sheriff's detectives, crime scene investigators and representatives from the coroner's office went to the address and were directed to an area of the property where 2,246 medically preserved fetal remains were located. The coroner's office took possession of the remains. There is no evidence that any medical procedures were conducted at the property, according to the sheriff's office, and the family is cooperating fully with the investigation."

The Indiana Medical Licensing Board voted to suspend Klopfer's medical license indefinitely back in 2015. He operated the Women's Pavilion in South Bend, as well as abortion clinics in Fort Wayne and Gary.

Way Beyond the Beltway

Yemen, Saudi Arabia. Jon Gambrell of the AP: "Yemen's Houthi rebels launched drone attacks on the world's largest oil processing facility in Saudi Arabia and a major oil field Saturday, sparking huge fires at a vulnerable chokepoint for global energy supplies. It remained unclear hours later whether anyone was injured at the Abqaiq oil processing facility and the Khurais oil field or what effect the assault would have on oil production. Rising smoke from the fires at the sites could be seen by satellites. The attack by the Iranian-backed Houthis in the war against a Saudi-led coalition comes after weeks of similar drone assaults on the kingdom's oil infrastructure, but none of the earlier strikes appeared to have caused the same amount of damage. The attack likely will heighten tensions further across the Persian Gulf amid an escalating crisis between the U.S. and Iran over its unraveling nuclear deal with world powers."(Also linked yesterday.) ~~~

     ~~~ Update. Ben Hubbard, et al., of the New York Times: "Drone attacks claimed by Yemen's Houthi rebels struck two key oil installations inside Saudi Arabia on Saturday, damaging facilities that process the vast majority of the country's crude output and raising the risk of a disruption in world oil supplies. The attacks immediately escalated tensions in the Persian Gulf amid a standoff between the United States and Iran, even as key questions remained unanswered -- where the drones were launched from, and how the Houthis could have managed to hit facilities deep in Saudi territory, some 500 miles from Yemeni soil. Secretary of State Mike Pompeo accused Iran of being behind what he called 'an unprecedented attack on the world's energy supply' and asserted that there was 'no evidence the attacks came from Yemen.' He did not, however, say where the attacks were launched from, and the Saudis themselves did not openly accuse Iran."

News Lede

New York Times: "Juanita Abernathy, who helped organize the Montgomery bus boycott and took part in other pivotal protests at the outset of the civil rights era alongside the Rev. Dr. Ralph Abernathy, her husband and a leader of the movement, died on Thursday at a hospital in Atlanta. She was 88."

The Commentariat -- September 14, 2019

Late Morning/Afternoon Update:

Jon Gambrell of the AP: "Yemen's Houthi rebels launched drone attacks on the world's largest oil processing facility in Saudi Arabia and a major oil field Saturday, sparking huge fires at a vulnerable chokepoint for global energy supplies. It remained unclear hours later whether anyone was injured at the Abqaiq oil processing facility and the Khurais oil field or what effect the assault would have on oil production. Rising smoke from the fires at the sites could be seen by satellites. The attack by the Iranian-backed Houthis in the war against a Saudi-led coalition comes after weeks of similar drone assaults on the kingdom's oil infrastructure, but none of the earlier strikes appeared to have caused the same amount of damage. The attack likely will heighten tensions further across the Persian Gulf amid an escalating crisis between the U.S. and Iran over its unraveling nuclear deal with world powers." The New York Times story is here.

Erik Ortiz of NBC News: "'Saturday Night Live' remained silent Friday after the growing furor that one of its newest cast members has a history of racist and homophobic remarks. The controversial comments -- made by standup comedian Shane Gillis in a podcast video uploaded a year ago -- surfaced Thursday on social media, just hours after 'SNL' announced his hiring, and led some fans to demand the long-running sketch comedy show drop him ahead of the new season.... In clips from 'Matt and Shane's Secret Podcast,' which have been removed from its YouTube channel, Gillis and his co-host denigrate Chinatown and Chinese food, speak in caricature Asian accents and make sexist comments about Asian women. Gillis also uses an ethnic slur used to describe the Chinese. Gillis has taken part in other recorded conversations in which he mocks an Asian boy with Down syndrome and uses homophobic slurs...." Mrs. McC: Somehow, I don't think I'm going to find that guy funny.

Alex Horton of the Washington Post: "Hamza bin Laden, the son of Osama bin Laden and once-possible heir to the al-Qaeda terrorist network, was killed in a U.S. counterterror operation in the Afghanistan-Pakistan region, President Trump said Saturday -- more than a month after officials suggested he was killed. Osama bin Laden's son was 'responsible for planning and dealing with various terrorist groups,' President Trump said in a statement released by the White House. His death is a blow to al-Qaeda's leadership acumen, Trump said, and symbolic given the connection to his slain father, who was killed in a Navy SEAL raid on his Pakistani refuge in 2011." The CNN story is here.

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Kyle Cheney of Politico: "The nation's top intelligence official is illegally withholding a whistleblower complaint, possibly to protect ... Donald Trump or senior White House officials, House Intelligence Committee Chairman Adam Schiff alleged Friday. Schiff issued a subpoena for the complaint, accusing acting Director of National Intelligence Joseph Maguire of taking extraordinary steps to withhold the complaint from Congress, even after the intel community's inspector general characterized the complaint as credible and of 'urgent concern.' 'A Director of National Intelligence has never prevented a properly submitted whistleblower complaint that the [inspector general] determined to be credible and urgent from being provided to the congressional intelligence committees. Never,' Schiff said in a statement.... In addition, Schiff slammed Maguire for consulting the Justice Department about the whistleblower complaint 'even though the statute does not provide you discretion to review, appeal, reverse, or countermand in any way the [inspector general's] independent determination, let alone to involve another entity within the Executive Branch.'... The initial whistleblower complaint was filed last month, and Schiff indicated that it was required by law to be shared with Congress nearly two weeks ago."

All the President*'s Scandals

David Shortell of CNN: "The Justice Department said Friday that a request to a federal court from House Democrats seeking access to secret grand jury material underlying special counsel Robert Mueller's report should be turned down because the lawmakers have 'come nowhere close to demonstrating a particularized need' for the information.... Specifically, the lawmakers are seeking the unredacted Mueller report, as well as transcripts of grand jury testimony related to ... Donald Trump's knowledge of Russian efforts to interfere in the 2016 election and links between members of his campaign and Russians. Lawmakers also want any grand jury testimony related to Trump's knowledge of any potential 'criminal acts' by him or his associates." ~~~

     ~~~ Mrs. McCrabbie: As Jerry Nadler said on MSNBC Friday night, the DOJ's argument is akin to arguing that prosecutors shouldn't be allowed to give evidence to a jury because the jury hasn't made a decision yet on the guilt or innocence of the accused.

Josh Gerstein of Politico: "A federal appeals court has resurrected the first lawsuit ... Donald Trump faced over claims that his business dealings violated the Constitution's foreign emoluments clause, which bars federal officials receiving payments from foreign governments. On Friday, a panel of the New York-based 2nd Circuit Court of Appeals ruled, 2-1, that a district court judge erred in 2017 when he dismissed a lawsuit challenging profits Trump has received from foreign officials doing business with his Washington, D.C., luxury hotel and other Trump-branded properties. The suit also took issue with Trump Organization licensing arrangements approved by foreign governments. The new 2nd Circuit decision sharply rejected a ruling two months ago from another federal appeals court, the Richmond-based 4th Circuit, which tossed out a similar emoluments suit filed in Maryland. Second Circuit Judge Pierre Leval said the 4th Circuit and his dissenting 2nd Circuit College Judge John Walker regarded the suits with too much skepticism because they appeared to be politically motivated." (Also linked yesterday afternoon.)

Matt Zapotosky & Spencer Hsu of the Washington Post: "The legal team for Andrew McCabe has asked federal prosecutors in D.C. whether a grand jury had rejected their bid to indict the FBI's former acting director on charges of lying to investigators, pointing to media inquiries and news accounts detailing a series of unusual events in the case." CNN's report is here. (Also linked yesterday afternoon.)

Morgan Chalfant & Olivia Beavers of the Hill: "The Justice Department inspector general has completed an internal review on whether the FBI complied with the law and its own policies while applying for a warrant to surveil former Trump campaign aide Carter Page during the 2016 election. Inspector General Michael Horowitz wrote in a letter to members of Congress on Friday that his office had 'reviewed over one million records and conducted over 100 interviews' in connection with the inquiry and is in the early stages of finalizing its report. Horowitz wrote that he has submitted a draft of the 'factual findings' of the inquiry to the Justice Department and FBI for a classification review, after which the inspector general's office will begin the process of preparing final classified and public drafts of the report.... Horowitz did not provide any details on the findings, nor did he offer a timeline on when a report might be released to the public.... The inspector general disclosed in May 2018, at the request of congressional Republicans, that he would review whether the Justice Department and FBI complied with legal requirements and followed appropriate policies and procedures in applying to the Foreign Intelligence Surveillance Court (FISC) for a warrant related to 'a certain U.S. person,'" that person widely known to be Page.

Dan Friedman of Mother Jones: "With Congress mulling legislation to slap new sanctions on Russia for its attack on the 2016 American election, an important Russian bank [-- Vnesheconombank, known as VEB --] connected to Vladimir Putin's government has turned for help to a well-positioned lobbyist in Washington: a Trump insider and former Republican House member named John Sweeney. In August Sweeney signed a whopping contract to lobby on behalf of this bank to stave off sanctions from the US government.... An early Trump backer, Sweeney led Trump's successful primary campaign in New York. Sweeney served on Trump's presidential transition team, helping to vet potential senior national security and intelligence officials, ambassadors, and political appointees for multiple agencies.... A December 13, 2016 meeting between ... the bank's chairman ... and Jared Kushner was scrutinized as part of ... Robert Mueller's investigation.... The exact purpose of the meeting remains unclear. VEB claims the meeting was purely business-oriented, related to Kushner's real estate work. Kushner told Mueller's office it was diplomatic."

Justin Rohrlich of Quartz: "US Border Patrol deputy chief Scott Luck will be celebrating his retirement later this month with a private party at president Donald Trump's lavish golf resort in Virginia, according to a flyer for the event.... A source with access to the Washington, DC building within which Border Patrol headquarters is located said the flyers are hanging on the walls of the office. One insider at the Department of Homeland Security, which oversees Border Patrol, questioned not only the optics of holding the gala dinner for Luck at a property owned by the president but also the $75 cost to attend. An announcement for the event was sent out to employees via official government email.... Last year, the Border Patrol Foundation, a nonprofit that honors Border Patrol agents who have been killed in the line of duty, moved its annual dinner from the Marriott to the Trump International Hotel in DC. Luck was a keynote speaker at the event." ~~~

     ~~~ Mrs. McCrabbie BTW: In case you didn't know it -- I didn't until last week -- the Constitution includes a "domestic emoluments clause" a/k/a "presidential emoluments clause" in addition to the now-better-known foreign emoluments clause. Article II, Section 1, Clause 7: "The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them."

Josh Gerstein: "A federal appeals court has reinstated a lawsuit filed by the parents of murdered Democratic National Committee staffer Seth Rich against Fox News over its role in an alleged scheme to falsely link Rich to the disclosure of DNC emails to WikiLeaks. A three-judge panel of the 2nd Circuit Court of Appeals ruled unanimously Friday that a lower-court judge was wrong to dismiss the suit in which Joel and Mary Rich alleged they were targeted by Fox, its reporter Malia Zimmerman and a wealthy Texas money manager, Ed Butowsky, in a bizarre scheme to drag the Riches' murdered son into an international controversy over hacked Democratic emails."

Barr Completes the Politicization of the DOJ. Katie Benner of the New York Times: “The Justice Department will present one of its most prestigious awards to the lawyers who worked on the highly contentious Supreme Court nomination process of Judge Brett M. Kavanaugh. Next month, Attorney General William P. Barr will present the Attorney General's Award for Distinguished Service to those who worked 'to support the nomination' of the judge, according to an email reviewed by The New York Times.... Typically, the distinguished service honor, the department's second highest, is given to employees who worked on significant prosecutions, rather than on judicial nomination processes."

Courtney Kube of NBC News: "... Donald Trump's plan to pay for his proposed border wall by taking funds from more than four dozen Air Force military construction projects poses various national security risks for the U.S. armed forces, according to a report compiled by the U.S. Air Force.... The report, obtained by NBC News, details the importance of each of the 51 military projects chosen by the Trump administration to lose their funding, including construction of a new gate to address a growing security concern at an overseas U.S. base [in Turkey and] projects to build facilities to safely store more than $1 billion in munitions overseas...." (Also linked yesterday afternoon.)

Steve Benen of MSNBC: "The president said on Wednesday he had five leading contenders to replace John Bolton at the post. He upped that number yesterday, telling reporters during a brief Q&A there are now 15 people on his list. 'A lot of people want the job. And we -- it's a great job. It's great because it's a lot of fun to work with Donald Trump. And it's very easy, actually, to work with me. You know why it's easy? Because I make all the decisions. They don't have to work.'... First, when Trump said 'a lot of people' want to serve as the next national security adviser, that's almost certainly not true. He used nearly identical language after firing Defense Secretary James Mattis, and that was because the White House was struggling to find a new Pentagon chief at the time. He felt the need to lie to obscure the embarrassment.... Second, the fact that Trump described the White House national security adviser as basically a do-nothing gig in which someone simply watches the president make decisions says a great deal about how things work -- or fail to work -- in the current West Wing.... The president who doesn't read intelligence briefings and ignores national security experts seems oddly proud of the idea that his national security advisers 'don't have to work.' Not to put too fine a point on this, but shouldn't they have to work?... Finally, the idea that people find it 'fun' and 'easy' to work for Trump is belied by all kinds of evidence. The Washington Post had a striking report this week on the president's 'sometimes Kafkaesque management style.'"

People said what's with the lightbulb? I said here's the story. And I looked at it, the bulb that we're being forced to use, number one to me, most importantly, the light's no good. I always look orange. And so do you. The light is the worst. -- Donald Trump, Thursday ~~~

~~~ Cheeto Man. Rebecca Tan of the Washington Post: "... according to professional photographers and makeup artists, energy-saving lightbulbs are probably not to blame. It is true that bulbs have different light temperatures, but the effect this has on someone's complexion is typically not very significant, said Jocelyn Augustino, a D.C.-based freelance photographer.... If bulbs were responsible for casting a warm glow, anything white in a photo of the president -- including the background, a white shirt, or even his teeth -- should also be orange.... 'You can see that even when his teeth are white, his skin is orangey-red,' [portrait photographer Tamzin] Smith said. 'It's definitely not the lighting.' The president's skin tone, said makeup artist Jason Kelly, is more likely the result of artificial tanning and an overapplication of bronzer, a type of powder or cream designed to give a tanned look."

The New American Diplomacy. Connor Mannion of Mediaite: "... Donald Trump reportedly does have a 'favorite dictator,' having called Egyptian President Abdel Fattah el-Sisi that to a crowd at last month's G-7 Summit. According to The Wall Street Journal, Trump called out to a large crowd 'Where's my favorite dictator?' while waiting to meet el-Sisi at the multinational summit. Officials told the Journal that they were stunned but believed the president made the comment jokingly. It's unclear if el-Sisi heard Trump."

Nancy Cook of Politico: "At a mid-August fundraiser in Jackson Hole, Wyo., Ivanka Trump was asked to name the personality traits she inherited most from her parents. Without much of a pause, Trump told the crowd of roughly 120 high-end donors that her mother gave her an example of how to be a powerful, successful woman. And her father? He passed onto her his moral compass, she said, according to two event attendees." Mrs. McC: Yeah, I think we sorta knew that, but it's still surprising to learn that Ivanka has admitted it. Thanks to Ken W. for the link. (Also linked yesterday afternoon.)

I'm sad to know that the hero of 9/11 has become a liar. -- Judith Nathan Giuliani, on Rudy ~~~

~~~ Soap Opera Break. Sarah Nir of the New York Times: "Last spring, divorce proceedings began for the Giulianis [--Rudy & Judy --] after 16 years of marriage, setting off a rancorous battle that, like most everything Mr. Giuliani touches, demanded attention. In caustic legal proceedings this summer, the separated couple has battled over things as prosaic as her kitchen renovations and as rarefied as his splurges -- $7,131 on fountain pens and another $12,012 on cigars.... A primary issue is Mr. Giuliani's current income. His wife believes that Mr. Giuliani left his law firm, Greenberg Traurig, in 2018, a month after the divorce was filed, and chose to work for President Trump pro bono in order to reduce any future alimony.... Swirled into the current divorce proceedings is more scandal-ready fodder: intimations of Mr. Giuliani's involvement with yet another woman." (Also linked yesterday afternoon.)

"National Tragedy." Samuel Gilbert of the Guardian: "Construction of a 30ft-high section of Donald Trump's border barrier has begun in the Organ Pipe Cactus national monument in southern Arizona, a federally protected wilderness area and Unesco-recognized international biosphere reserve. In the face of protests by environmental groups, the wall will traverse the entirety of the southern edge of the monument. It is part of the 175 miles of barrier expansion along the US-Mexico border being funded by the controversial diversion of $3.6bn from military construction projects.... According to CBP, in the 2019 fiscal year there have been 14,265 apprehensions in the Tucson sector, where the Organ Pipe wall is going up, compared to 51,411 in the nearby Yuma sector of Arizona and over 205,000 in the Rio Grande Valley of Texas.... 'What is being proposed is bulldozing one of the most biologically diverse regions of the entire United States,' said Amanda Munro of the Southwest Environmental Center. 'Walling off these precious places would be a colossal mistake and a national tragedy.'" --safari: We're sacrificing our national biosphere for Donald Trump's vanity, and it's sickening.

Emily Holden of the Guardian: "The Trump administration is finalizing plans to allow oil and gas drilling in a portion of the Arctic National Wildlife Refuge that has been protected for decades. The Bureau of Land Management (BLM) will offer leases on essentially the entire 1.6m-acre coastal plain, which includes places where threatened polar bears have dens and porcupine caribou visit for calving. Drilling operations are expected to be problematic for Indigenous populations, many of which rely on subsistence hunting and fishing. The Democrat-controlled House just hours earlier passed legislation to protect the area, but Republicans in the majority in the Senate are highly unlikely to approve the bill." --s

Sam Stein of The Daily Beast: "As Washington D.C. institutions go, Public Citizen rates among the more anodyne.... The group is known for its liberal-minded crusades on such unglamorous topics as campaign finance reform and consumer safety. But for some period of time over the past few years, Public Citizen found its website being categorized as -- well -- porn by an internet filtering service used by a major government agency. Since April, Public Citizen has been in litigation with the Department of Education over what it claims to be a violation of its First Amendment rights. At issue was a truly bizarre and unexpected revelation that took place earlier in the year when officials with the group visited the department to discuss separate matters. Attempting to access their own website from the Department of Education's WiFi network, Public Citizen attorneys realized they were being blocked from doing so, with a note popping up that said accessing www.citizen.org was 'in violation of your Internet usage policy'.... [T]he Department's web filtering company was categorizing them as an 'advocacy organization' -- which they are -- and, for some inexplicable reason, advocacy organizations were being placed under the 'adult/mature content' categorization, right alongside porn and gambling." --s ...

     ... Mrs. McCrabbie: So Betsy DeVos thinks good-government groups are porn? It does make sense, if in a bizarre way.

Presidential Race 2020

Jonathan Chait writes a depressing assessment of the state of the Democratic race. He thinks Biden is the only centrist candidate who has a chance of winning the nomination, & Biden is as retro as the vinyl he plays on his record-player. "Kamala Harris and Cory Booker have dropped out of the left-wing arms race and begun positioning themselves as heirs to the Obama style of optimism and uplift. But ... the fact that both Harris and Booker are trying to squeeze into the same political space increases the probability that neither will achieve escape velocity.... If Biden isn't up to this, he needs to collapse soon enough for another mainstream liberal Democrat like Booker or Harris to take his place. Yet it's at least as easy to imagine he will stay in the race, locking down the party's center, while Sanders and Warren continue to try to outflank each other on the left. There's still some time for the race to change. At the moment, the most dire scenario looks disconcertingly real."

The Problem Wasn't the "Record Player." Jeff Greenfield in Politico Magazine: "The post-debate commentariat pounced on [Joe Biden's] 'record player' comment, noting that it suggested a lack of familiarity with more modern-day devices.... It was viewed mostly as a proxy for his age, a self-inflicted wound from a candidate stuck somewhere in the 1970s technologically. But by Friday morning, attention had begun to shift to the broader and far more culturally fraught implications of what Biden was saying: Did he mean that black parents depended on an army of white people with degrees to help them raise their kids?... Biden's lead in the polling rests in substantial measure on his enormous strength in the African-American community." ~~~

~~~ ** Jamil Smith of Rolling Stone: "Democrats need an antiracist nominee against a racist like Donald Trump. The third debate confirmed that the former vice president isn't up to the task." Smith sums up Biden's response to a moderator's question: Biden was "a) first appearing to treat the mere mention of an old segregationist quote of his as ridiculous, then b) responding to a question about repairing the legacy of slavery by saying that the government needs to have teachers go into the homes of kids in poor schools to teach the parents how to raise those children.... It's the kind of paternalistic racism that has so long existed in both liberal and conservative circles, and was on Thursday night spilling out of the mouth of the former vice president on the campus of an HBCU [a predominantly black university].... I should mention that there is a c): Biden never truly gave the question any serious consideration.... He chose to ... proselytize about record players in the homes of poor families of color who need the teachers to raise their kids for them. Who chooses to do that in a party that needs black voters to win?... [Biden] can trumpet his Obama associations all he wishes, but after that debate, it comes across merely as the 'I have a black friend' excuse.... If defeating Trump in 2020 is as important to Biden as he so often claims, he should end his campaign and remove himself from contention for president." ~~~

     ~~~ Mrs. McCrabbie: Both Greenfield & Smith publish the Q&A in this exchange in full, and it's worth reading the particulars. Although Smith alluded to it, neither explored something I found jarring in Biden's response: the assumption that black people are poor & uneducated. That was much closer to true when Biden entered politics, but today there is a huge black middle- and upper-middle class. (Joe could ask his black friends Barack & Michelle.) Automatically assuming black = poor is a very white thing to do. And incorrect.

Greg Sargent of the Washington Post: "The question isn't merely whether Biden has the stamina for a grueling campaign, or whether Biden will be able to handle debates with Trump. It's also whether Biden or indeed other Democrats are prepared for the massive onslaught of absolutely brutal and distortive attacks that Trump and his propaganda apparatus will wage on this particular front -- attacks that you can be certain will include all sorts of shamelessly propagandistic media manipulation and outright disinformation tactics.... The episode at the debate that raised all the concerns about Biden's long-term fitness did actually happen: Biden's answer to a question about slavery really was a rambling mess that detoured into strange comments about record players.... Worries about Biden's age and stamina are not unreasonable, given all we've seen."

Frank Bruni of the New York Times argues that even though Elizabeth Warren did not have her most effective debate night, she demonstrated why she has nowhere to go but up. (Also linked yesterday afternoon.)

Michael Shear of the New York Times: "Moments after Democrats took the debate stage on Thursday night, President Trump delivered a rambling and disjointed 68-minute speech accusing the news media and the 'radical left' of wanting to destroy America.... Intended as counterprogramming to the 10 Democratic candidates debating in Houston, the president's speech hit virtually every one of his usual political lines as he careened between prepared remarks, ad-libbed attacks and boasts about his record." (Also linked yesterday.)

ABC & Republicans Thought This Was a Good Idea. Grace Segers of CBS News: "A dramatic ad targeting Democratic Congresswoman Alexandria Ocasio-Cortez aired during the third Democratic debate on Thursday, comparing Ocasio-Cortez's support for democratic socialism to the brutal Khmer Rouge communist regime in Cambodia. The ad shows a picture of the young congresswoman bursting into flame to reveal a picture of a pile of skulls. The narrator of the ad, onetime Republican congressional candidate Elizabeth Heng, is the daughter of Cambodian immigrants. 'This is the face of socialism and ignorance,' Heng says in a voiceover as the picture of Ocasio-Cortezburns.... The ad was produced by New Faces GOP, a newly created Republican super PAC.... Ocasio-Cortez immediately slammed the ad, saying: 'Republicans are running TV ads setting pictures of me on fire to convince people they aren't racist.' '... What you just watched was a love letter to the GOP's white supremacist case,' Ocasio-Cortez wrote in another tweet.... 'GOP's message: No policy, no facts, just displays of violence + corporations like @ABCNetwork & Sinclair who amplify them. They profit from burning my likeness on TV. But who pays for heightened security? Who answers the phones for the threats resulting from a violent, false ad?' Ocasio-Cortez wrote on Friday morning." (Also linked yesterday afternoon.) ~~~

~~~ Aris Folley of the Hill: "Twitter users pushed the 'BoycottABC' hashtag into the social platform's top trending items on Friday after a Sinclair-owned ABC affiliate aired an ad from a GOP super PAC that showed a photo of Rep. Alexandria Ocasio-Cortez (D-N.Y.) being set on fire." (Also linked yesterday afternoon.)

Dom Phillips of the Guardian: "Brazil's environment minister, Ricardo Salles, will meet a rightwing US advocacy group that denies climate change, just four days before the United Nations Climate Action Summit. Salles will meet representatives from the Competitive Enterprise Institute (CEI) at the headquarters of the US Environmental Protection Agency on 19 September.... The meeting was immediately condemned by environmentalists, who said it showed that the government of the far-right president, Jair Bolsonaro, had no commitment to fighting the climate crisis. News of the meeting emerged a day after Brazil's foreign minister questioned the scientific proof for global warming in a convoluted speech in Washington. Addressing the Heritage Foundation, Ernesto Araújo said 'there is no climate catastrophe' and described efforts to fight climate change as a plot to destroy national sovereignty." --safari: I'm beginning to think we need a new moniker for "Axis of (Climate) Evil" to name and shame bad actors, with the US first on the list.

Kate Taylor of the New York Times: "... a federal judge in Boston sentenced [actor Felicity] Huffman to 14 days in a federal prison on Friday. She was the first parent to face punishment in a scheme in which nearly three dozen wealthy people are accused of using lies and bribes to smooth their children's way into prestigious colleges.... Judge [Indira] Talwani also imposed a $30,000 fine, supervised release for a year and 250 hours of community service." ~~~

     ~~~ David Matthews of the New York Daily News: "Following Felicity Huffman's conviction in the Varsity Blues college admissions scandal, lawyers for the actress requested she spend her two-week sentence at a minimum-security, cushy northern California prison. The Federal Bureau of Prisons will make the ultimate decision...."

Beyond the Beltway

Florida for Sale. Steve Contorno of The Tampa Bay Times: "Three Duke Energy lobbyists were to join Gov. Ron DeSantis in mid February [for a round of golf], a precious opportunity for the utility to get face time with Florida's new governor weeks after he took office. Internal documents obtained by the Tampa Bay Times reveal that Duke's lobbyists didn't just request the governor's time. They were supposed to pay for it, too.... Days after the golf outing, Duke made a $75,000 donation to the Republican Party of Florida, which Wiles described in a memo as 'interchangeable' with DeSantis'political committee.... Other documents reviewed by the Times established prices donors could pay to interact with DeSantis or his wife, Casey. Golf in a foursome? $25,000. Golf one-on-one with DeSantis? $100,000. A 10- to 15-minute meeting? $25,000. A dinner event? $150,000. One hour of an "intimate and high dollar" gathering? $250,000." --s

The Commentariat -- September 13, 2019

Afternoon Update:

ABC & Republicans Thought This Was a Good Idea. Grace Segers of CBS News: "A dramatic ad targeting Democratic Congresswoman Alexandria Ocasio-Cortez aired during the third Democratic debate on Thursday, comparing Ocasio-Cortez's support for democratic socialism to the brutal Khmer Rouge communist regime in Cambodia. The ad shows a picture of the young congresswoman bursting into flame to reveal a picture of a pile of skulls. The narrator of the ad, onetime Republican congressional candidate Elizabeth Heng, is the daughter of Cambodian immigrants. 'This is the face of socialism and ignorance,' Heng says in a voiceover as the picture of Ocasio-Cortez burns.... The ad was produced by New Faces GOP, a newly created Republican super PAC.... Ocasio-Cortez immediately slammed the ad, saying: 'Republicans are running TV ads setting pictures of me on fire to convince people they aren't racist.' '... What you just watched was a love letter to the GOP's white supremacist case,' Ocasio-Cortez wrote in another tweet.... 'GOP's message: No policy, no facts, just displays of violence + corporations like @ABCNetwork & Sinclair who amplify them. They profit from burning my likeness on TV. But who pays for heightened security? Who answers the phones for the threats resulting from a violent, false ad?' Ocasio-Cortez wrote on Friday morning." ~~~

~~~ Aris Folley of the Hill: "Twitter users pushed the 'BoycottABC' hashtag into the social platform's top trending items on Friday after a Sinclair-owned ABC affiliate aired an ad from a GOP super PAC that showed a photo of Rep. Alexandria Ocasio-Cortez (D-N.Y.) being set on fire."

Frank Bruni of the New York Times argues that even though Elizabeth Warren did not have her most effective debate night, she demonstrated why she has nowhere to go but up.

Michael Shear of the New York Times: "Moments after Democrats took the debate stage on Thursday night, President Trump delivered a rambling and disjointed 68-minute speech accusing the news media and the 'radical left' of wanting to destroy America.... Intended as counterprogramming to the 10 Democratic candidates debating in Houston, the president's speech hit virtually every one of his usual political lines as he careened between prepared remarks, ad-libbed attacks and boasts about his record."

Courtney Kube of NBC News: "... Donald Trump's plan to pay for his proposed border wall by taking funds from more than four dozen Air Force military construction projects poses various national security risks for the U.S. armed forces, according to a report compiled by the U.S. Air Force.... The report, obtained by NBC News, details the importance of each of the 51 military projects chosen by the Trump administration to lose their funding, including construction of a new gate to address a growing security concern at an overseas U.S. base [in Turkey and] projects to build facilities to safely store more than $1 billion in munitions overseas...."

Josh Gerstein of Politico: "A federal appeals court has resurrected the first lawsuit ... Donald Trump faced over claims that his business dealings violated the Constitution's foreign emoluments clause, which bars federal officials receiving payments from foreign governments. On Friday, a panel of the New York-based 2nd Circuit Court of Appeals ruled, 2-1, that a district court judge erred in 2017 when he dismissed a lawsuit challenging profits Trump has received from foreign officials doing business with his Washington, D.C., luxury hotel and other Trump-branded properties. The suit also took issue with Trump Organization licensing arrangements approved by foreign governments. The new 2nd Circuit decision sharply rejected a ruling two months ago from another federal appeals court, the Richmond-based 4th Circuit, which tossed out a similar emoluments suit filed in Maryland. Second Circuit Judge Pierre Leval said the 4th Circuit and his dissenting 2nd Circuit College Judge John Walker regarded the suits with too much skepticism because they appeared to be politically motivated."

Matt Zapotosky & Spencer Hsu of the Washington Post: "The legal team for Andrew McCabe has asked federal prosecutors in D.C. whether a grand jury had rejected their bid to indict the FBI's former acting director on charges of lying to investigators, pointing to media inquiries and news accounts detailing a series of unusual events in the case." CNN's report is here.

Nancy Cook of Politico: "At a mid-August fundraiser in Jackson Hole, Wyo., Ivanka Trump was asked to name the personality traits she inherited most from her parents. Without much of a pause, Trump told the crowd of roughly 120 high-end donors that her mother gave her an example of how to be a powerful, successful woman. And her father? He passed onto her his moral compass, she said, according to two event attendees." Mrs. McC: Yeah, I think we sorta knew that, but it's still surprising to learn that Ivanka has admitted it. Thanks to Ken W. for the link.

I'm sad to know that the hero of 9/11 has become a liar. -- Judith Nathan Giuliani, on Rudy ~~~

~~~ Mid-Afternoon Soap Opera Break. Sarah Nir of the New York Times: "Last spring, divorce proceedings began for the Giulianis [--Rudy & Judy --] after 16 years of marriage, setting off a rancorous battle that, like most everything Mr. Giuliani touches, demanded attention. In caustic legal proceedings this summer, the separated couple has battled over things as prosaic as her kitchen renovations and as rarefied as his splurges -- $7,131 on fountain pens and another $12,012 on cigars.... A primary issue is Mr. Giuliani's current income. His wife believes that Mr. Giuliani left his law firm, Greenberg Traurig, in 2018, a month after the divorce was filed, and chose to work for President Trump pro bono in order to reduce any future alimony.... Swirled into the current divorce proceedings is more scandal-ready fodder: intimations of Mr. Giuliani's involvement with yet another woman."

~~~~~~~~~~

There is no morning update today because I got enmeshed in various reactions to debate points made last night & kept working till about 10:40 am ET on them. So if you were here earlier, you might want to take a quick look for links I've since added below. -- Mrs. McCrabbie

Presidential Race 2020

Marc Caputo & Nolan McCaskill of Politico run down some of the highlights of the Democratic presidential debate. Shane Goldmacher & Reid Epstein of the New York Times on the biggest moments in the debate.

New York Times reporters liveblogged the Democratic presidential debate. Politico reporters held a "debate night live chat" here. The linked Politico page includes a livefeed of the debate.

Mrs. McCrabbie: I did have the debate on, but the teevee was in the next room. Every time I head a candidate saying something sensible, it seemed the speaker was Pete Buttigieg, although this was a great moment:

     ~~~ Shifting the Overton Window. Emma Green of the Atlantic: "They're coming to take your guns away. That's the line conservatives have long used as a scare tactic in the United States gun debate. (It's the go-to hyperbole for the National Rifle Association.) Democrats have always contorted themselves to dodge this specific claim, afraid of legal challenges in the long term and, in the near term, alienating moderate voters who care about their Second Amendment rights. But Former Representative Beto O'Rourke of Texas is no longer shying away from this charge.... His impassioned arguments for gun control, born from his lived experience of leaving the campaign trail to sit with the victims of gun violence and their families, may set the Democratic conversation around guns, not least because O'Rourke's competitors seem eager to hand him the mic and listen." ~~~

     ~~~ Elliot Hannon of Slate: In response to Beto O'Rourke's preference for banning assault weapons, "Texas state Rep. Briscoe Cain tweeted a not-so-thinly veiled threat at the presidential contender, tweeting 'My AR is ready for you Robert Francis,' calling O'Rourke ... by his first and middle names." O'Rourke responded, "This is a death threat, Representative. Clearly, you shouldn't own an AR-15 -- and neither should anyone else." Hanlon: "The O'Rourke campaign said it reported the 34-year-old state rep's tweet to the FBI. Twitter took down the tweet saying it had violated its terms of service."

Mrs. McCrabbie: The most controversial moment of the debate was when Julian Castro made a not-so-subtle stab at Joe Biden for being so out-of-it he couldn't remember what he'd said about his own health plan two minutes before. I thought Castro's attack was over-the-top because (1) he said it three times, but (2) I'll have to admit it should have struck home because -- although I was doing other things & was paying only a teensy bit of attention to the candidates' arguments for-and-against Medicare-for-All -- I missed Biden's saying one had to buy into the public option under his plan. Well, it turns out it was 44-year-old Julian Castro who was the one having the senior moment. Biden didn't say what Castro said he said. ~~~

     ~~~ Adam Raymond of New York: Castro's "implication was clear, but Castro was wrong. Two minutes prior, Biden said that under his health care plan, 'every single person who is diagnosed with cancer or any other disease can automatically become part of this plan.' And about 10 minutes prior to that, Biden said it more plainly: 'Anyone who can't afford it gets automatically enrolled in the Medicare-type option we have.'" ~~~

     ~~~ Louis Jacobson of PolitiFact goes to the actual plan posted on Biden's Website: "Biden does require those who want Medicare coverage to 'opt in,' but this requirement is not nearly as significant as Castro makes it seem.... Castro [-- under the plan posted on his Website --] would "allow individuals to obtain supplementary private insurance or opt out of Medicare if they have a high-standard private insurance plan...." But Castro's opt-out plan and Biden's opt-in plan don't seem significantly different." ~~~

     ~~~ Mrs. McCrabbie: A man hears what he wants to hear. Castro clearly preplanned the attack because he felt this was a difference with a distinction. He could have simply argued that Biden was mischaracterizing his plan on the debate stage. Instead, he pretended Biden had called for a "buy-in" "to minutes ago" -- implying that not only did a would-be insured have to take affirmative action to access Biden's public option, he also might have had to put up some cash to get on the plan. Castro planned to take a cheap shot, and he did, even when the attack was counterfactual. ~~~

AFTER THE BREAK: Castro shoves Biden off stage, breaking his hip, then stands over him laughing maniacally. -- Jonathan Chait, in a tweet @9:25 pm ET Thursday

~~~ Contra most observers, Libby Watson of the New Republic doesn't think Biden understands his own healthcare proposal or his rivals'. ~~~

~~~ Mrs. McCrabbie: Here was a Biden lie I did catch in real time, and no one on the stage challenged it. Miriam Valverde of PolitiFact: "Joe Biden claimed that a key difference between the administrations of Barack Obama and Donald Trump is that Obama didn't 'lock people up in cages.'" Valverde links to several photos published in 2014 of immigrant children housed in chain-link structures. LA Times reporting describes "children in cages," and other reports described the structures as "cages" or "makeshift cages." It is fair to say Biden was not responsible for "putting children in cages," but because of its prominence in the news during Trump's regime, Biden has to know it happened. It is not fair to say that the Obama administration did not do so, & Valverde points out that Jeh Johnson, the Homeland Security Secretary at the time, has since admitted as much. ~~~

~~~ Say What?:

~~~ Besides, Biden attested to his age without any help from young Julian. Bridget Read of New York: "Joe Biden has a radical plan for addressing the systemic racism that has defined American life for the past 400 years since slavery: 'Make sure you have a record player on at night.'... Biden seemed to be gesturing toward ... improving the home lives of black children? With outdated audio equipment?... At one moment [he] accidentally referr[ed] to Bernie Sanders as the president.... [At another point,] he was interrupted by protestors, who chanted the numbers of people deported while he served as Vice President: three million." ~~~

~~~ Nobody should be in jail for a non-violent crime. -- Joe Biden, during the debate

So, um, not Donald Trump? Not Paul Manafort? Not Bernie Madoff? Not former governor of Illinois (pick a name)? -- Mrs. Bea McCrabbie

Will Ed Rendell Please STFU. Holly Otterbein & Marc Caputo of Politico: "Former Democratic National Committee chairman and Pennsylvania Gov. Ed Rendell sparked a firestorm on social media by escalating attacks on Elizabeth Warren ahead of Thursday's closely watched debate, assailing her as a 'hypocrite' in an op-ed. The article, published Wednesday evening in The Washington Post, came days after Rendell, a top surrogate for Joe Biden, was quoted in The New York Times saying that Warren 'didn't have any trouble' taking his money until she swore off high-dollar fundraisers for her presidential bid this year." ~~~

~~~ Libby Watson of the New Republic: "What would happen if we did not open the newspaper to find an op-ed written by an old, aggrieved white man who has turned his rage about some personal slight against him into a column? Even setting aside the obvious need for more demographic diversity at op-ed pages, what if we just had one day's relief from the teeming multitudes of columnists -- all older, richer, and more conservative than the average American -- that are given space by America's newspapers to forever litigate the case of The People Who Personally Insulted Me v. My Wounded Pride?... In The Washington Post, former Pennsylvania Governor Ed Rendell has written an op-ed accusing presidential candidate Elizabeth Warren of being a hypocrite on campaign finance. There's a case to be made against Warren on this issue. But in this case, rather than consider the compelling public interest at stake, Rendell has chosen to bizarrely center his criticism on his personal involvement with Warren."

Romney Won't Endorse Trump. Manu Raju of CNN: "Republican Sen. Mitt Romney of Utah said Thursday that he's planning to withhold his endorsement in the 2020 race both in the primary and in the general election, underscoring the uneasy relationship between the GOP's 2012 presidential nominee and the leader of his party.... Romney told CNN that he has concerns with the move by several states to cancel their primary contests in a bid to help Trump...." Mrs. McC: Romney said Trump was too mean to have a dog, but if Trump did have a pet, he would make it travel on the roof of his jet.

Will Steakin & Rachel Scott of ABC News: "... Donald Trump's campaign intends to counter-program the Democratic primary debate hosted by ABC News and Univision with an ad blitz that includes two full-page newspaper ads and flying a massive banner in the air that blasts socialism just before candidates take the stage." (Also linked yesterday.)

Alexander Bolton of the Hill: "Sen. Ted Cruz (R-Texas) on Thursday warned that if President Trump strikes a compromise with Democrats to expand background checks for gun purchases along the lines of the 2013 proposal from Sens. Joe Manchin (D-W.Va.) and Pat Toomey (R-Pa.), it would demoralize conservative voters and help Democrats capture the White House in 2020. 'If Republicans abandon the Second Amendment and demoralize millions of Americans who care deeply about Second Amendment rights, that could go a long way to electing a President Elizabeth Warren,' Cruz said at a breakfast sponsored by the Christian Science Monitor...." ~~~

     ~~~ Steve M.: "After this summer's wave of mass shootings, some people have expressed surprise that the NRA -- weakened, under investigation, and generally in disarray -- still seems to hold sway over the thinking of the president and most elected Republicans on the subject of guns.... I don't think it is the money. I think Republicans are afraid that the NRA worldview has been internalized by so many of their voters that it functions on its own as a check on any Republican who might dare to vote for gun control legislation. I think if the NRA ceased to exist tomorrow, this no-retreat, no-surrender approach to gun laws would still hold sway with a large number of the party's base voters.... [Republican politicians are] afraid of their base. And they'd be afraid of their base even the NRA closed up shop."

Rebecca Shabad & Alex Moe of NBC News: "The House Judiciary Committee took a big step Thursday morning in its ongoing investigation into whether to recommend the filing of articles of impeachment against ... Donald Trump, passing a resolution that set procedures and rules for future impeachment investigation hearings. The resolution passed along party lines, 24-17." Update: The New York Times story is here. (Also linked yesterday.) ~~~

~~~ David Kirkpatrick & Eric Lipton of the New York Times: "Throughout President Trump's term, officials said this week, the American military has been paying his money-losing Scottish golf resort to provide five-star accommodations to United States military flight crews and other personnel during refueling stops on trips to and from Southeast Asia, the Middle East and other locations. The chairman of the House Oversight committee has questioned if the spending at Turnberry is a violation of a constitutional prohibition on government payments to the president outside of his salary -- a provision known as the emoluments clause. Other House Democrats have said they expect the matter will now figure in their investigation of a possible impeachment.... There is little evidence of a systematic scheme to enrich Mr. Trump. But the military bookings at Turnberry are the latest in a series of episodes in which the president's private businesses have intersected with his public position in ways that he can profit from. The pattern also raises questions about how military officials failed to anticipate the questions that would accompany a large number of American military personnel marching into the opulent halls of one of the president's golf resorts at public expense." Read on.

Trump Aides Trying to Flee That Easy-to-Win China Trade War. Ben White & Adam Behsudi of Politico: "... Donald Trump's top advisers are rushing to find an escape hatch for a series of tariff increases in the coming months, worried about the potential for further economic damage. Many of the president's top economic officials are trying to resurrect the terms they previously were negotiating with China, a deal officials said was '90 percent' done before a sudden impasse this summer, according to a person familiar with the discussions." ~~~

~~~ Toussaint Campbell of CNBC: "Stocks rallied Thursday after ... Donald Trump made 'small concessions' to China by delaying tariffs on $250 billion in Chinese goods until the last half of October. Trump's 'gesture of goodwill' follows an earlier move by Beijing to exempt 16 types of American products from additional tariffs. Markets also got a boost after the European Central Bank cut its deposit rate and relaunched a bond-buying program."

Lisa Friedman & Coral Davenport of the New York Times: "The Trump administration on Thursday announced the repeal [link fixed] of a major Obama-era clean water regulation that had placed limits on polluting chemicals that could be used near streams, wetlands and other bodies of water. The rollback of the 2015 measure, known as the Waters of the United States rule, adds to a lengthy list of environmental rules that the administration has worked to weaken or undo over the past two and a half years." (This is an update of a story linked yesterday.) ~~~

     ~~~ Mrs. McCrabbie: Trump's "commitment" to "crystal-clean water" is what I mean by Trump's assault on the language. He isn't merely overturning the meaning of the phrase; he's making it altogether meaningless. "Crystal-clean" then can mean "pure" and "pristine" and "rife with carcinogens" and "filthy." When words have no meaning, everything he says is "true." This is different from an ironical reversal when you say, for instance, "I love it!" when both you & the listener know you're being facetious, and from black code language, which originated in slave days as a subversive means to communicate without raising white suspicions (where, for instance, "cool" means "hot"). ~~~

     ~~~ Bill Chappell of NPR: "The Trump administration is changing the definition of what qualifies as 'waters of the United States,' tossing out an Obama-era regulation that had enhanced protections for wetlands and smaller waterways. Thursday's rollback is the first step in a process that will allow the Trump administration to create its own definition of which waters deserve federal protection. A new rule is expected to be finalized this winter. The repeal ends an 'egregious power grab,' Environmental Protection Agency Administrator Andrew Wheeler says.... The EPA chief unveiled the shift in U.S. water policy Thursday during an event at the National Association of Manufacturers headquarters in Washington, D.C."

A Good Reason to Hate Energy-Efficient Lightbulbs & Exacerbate Global Warming. Elliot Hannon of Slate: "During the Democratic debate Thursday night, President Trump headed to Baltimore to speak at the Republicans' annual House retreat dinner.... At one point during Trump's typically free-wheeling remarks, the president meandered onto the topic of light bulbs, particularly the decade-long evolution from the old incandescent bulbs to more efficient LED ones, which Trump's administration is currently endeavoring to reverse.... The light bulb thing ... seemed like a frivolous rollback because, despite marginally more expensive bulbs, the savings gained on energy costs are dramatic.... 'The light bulb. People said what's with the light bulb? I said here's the story.... And I looked at it, the bulb that we're being forced to use, number one to me, most importantly, the light's no good. I always look orange. And so do you. The light is the worst.'"

Abandon Hope, All Ye Who Try to Enter Here. Azam Ahmed & Paulina Villegas of the New York Times: "Thousands of people fleeing persecution, most from Central America, line up at the United States' southern border every day hoping for asylum. They wait for months, their names slowly crawling up a hand-drawn list until they are allowed to present their case to American immigration authorities. After the United States Supreme Court issued an order this week, almost none of them will be eligible for asylum. The Supreme Court on Wednesday allowed the Trump administration to enforce new rules that bar asylum applications from anyone who has not already been denied asylum in one of the countries they traveled through on their way to the United States. The rule is among the most stringent measures taken by this administration in its battle to halt migration, upending decades of asylum and humanitarian norms." ~~~

~~~ Manny Fernandez, et al., of the New York Times: "Federal officials this week began operating tent-style facilities in Laredo and a handful of other border cities to ease the strain on immigration courts, part of a sweeping set of moves ... -- [including] keeping many asylum applicants waiting ... in Mexico -- ... intended to slow the flow of migrant families across the border. The tent courts, which are also opening in Brownsville, Tex., and Yuma, Ariz., are designed to speed up processing and end the long delays that have allowed many migrants to live and work in the United States for years before their court cases are decided.... The new measures by the administration appear to be having an effect, with federal officials reporting a major decline in border apprehensions last month.... Immigration advocates and lawyers ... called the new tent courts secretive, assembly-line proceedings for lawful asylum seekers, and said the policy has subjected them to kidnapping, assault and extortion. Homeland security officials have denied the public and the news media access to the tent courts...."

Jeff Stein, et al., of the Washington Post: "A team of Trump administration officials toured a California facility once used by the Federal Aviation Administration this week as they searched for a potential site to relocate homeless people, according to three government officials.... President Trump has directed aides to launch a major crackdown on homelessness in California, spurring an effort ... to determine how to deal with sprawling tent camps on the streets of Los Angeles and other cities, officials said.... It ... remains unclear how the federal government could accomplish getting homeless people off the streets of Los Angeles, or what legal authority officials would use to do so.... Some administration officials expressed skepticism that the federal government wanted to get in the business of operating a large homeless shelter in Los Angeles." (Also linked yesterday.) ~~~

     ~~~ Jack Crosbie of Splinter summarizes the WashPo report & comments on what a great idea this is. (Also linked yesterday.)

** Of Course. Matt Zapotosky & Spencer Hsu of the Washington Post: "Former acting FBI director Andrew McCabe's legal team has been notified that the Justice Department authorized prosecutors to seek an indictment against him for lying to investigators, according to two people familiar with the matter, though it remains unclear whether McCabe will be charged. McCabe's team was notified of Deputy Attorney General Jeffrey Rosen's decision in a message Wednesday, which said, 'The Department rejected your appeal of the United States Attorney's Office's decision in this matter. Any further inquiries should be directed to the United States Attorney's Office,' one person familiar with the matter said. McCabe's team was told last month that line prosecutors had recommended charges, and later, that D.C. U.S. Attorney Jessie K. Liu had endorsed that decision, a person familiar with the matter said.... The notification comes as a federal grand jury investigating McCabe was suddenly recalled this week after a months-long hiatus -- an indication its members would likely be asked soon to consider bringing charges. But the panel left with no immediate signs of an indictment -- a sign they might have balked, been asked to return later or filed a determination under seal.... McCabe authorized the FBI to begin investigating President Trump and has long been a target of the commander in chief's ire." The USA Today story is here. Politico's story is here. (Also linked yesterday.)

Tracy Jan of the Washington Post: "The Inspector General for the Department of Housing and Urban Development found no evidence of misconduct against Secretary Ben Carson in a $31,000 furniture order to replace a dining room set in his secretarial suite, according to a copy of the investigation obtained by The Washington Post. The investigation was launched more than a year ago following accusations that Carson had violated federal appropriations law in 2017 by ordering furniture worth more than $5,000 without notifying congressional appropriators. 'We found no evidence indicating that either Secretary or Mrs. Carson exerted improper influence on any departmental employee in connection with the procurement,' the 14-page report said. HUD officials had obligated $31,561 in agency funds to buy new dining room furniture for Carson's office suite in December 2017 and failed to notify congressional appropriations committees, as required by law, the inspector general said. But Carson ultimately canceled the order in March 2018 following media reports about the large purchase order.... Candy Carson declined to be interviewed during the inspector general's investigation." The Hill's story, based on a Fox "News" report, is here. (Also linked yesterday.) ~~~

     ~~~ Mrs. McCrabbie: Of course the IG found Doc Ben innocent. He said it was his wife's fault. "Carson insisted that he had the furniture order canceled 'immediately' after finding out about it...." Even though, uh, internal emails cast doubt on this story, which Doc Ben told to a House committee.

Thanks, GOP! Jeff Fox of CNBC: "The U.S. government's red ink for fiscal 2019 swelled past the $1 trillion mark in August, the first time that level has been eclipsed in seven years, the Treasury Department reported Thursday. The total shortfall rose to nearly $1.07 trillion, thanks to a difference between revenue and expenses of more than $214.1 billion in August. The government last saw that large of a fiscal deficit in 2012, when the gap was nearly $1.1 trillion. During his presidential campaign..., Donald Trump promised economic growth that would easily take care of the tax cuts and new spending he planned. His 2017 tax break for corporations and individuals has helped contribute to a deficit that has grown from $584.6 billion in 2016.... As the deficit has grown so has the national debt, which is now at $22.5 trillion, up 13% since Trump took office." (Also linked yesterday.)

Justin Baragona of the Daily Beast: "Two fully grown, elected members of the United States Congress have spent two days fighting on Twitter over who loves ... Donald Trump more. Since at least Wednesday afternoon, Sen. Rand Paul and Rep. Liz Cheney, both Republicans, have been trading barbs online (and on television) over foreign policy and who is in better standing with Trump."

Joan Biskupic of CNN: "Chief Justice John Roberts cast the deciding vote against ... Donald Trump's attempt to add a citizenship question to the 2020 census, but only after changing his position behind the scenes, sources familiar with the private Supreme Court deliberations tell CNN." Mrs. McC: But don't kid yourself; Roberts is still an elite-white-guy-confederate jurist, but -- as Biskupic lays out -- he doesn't like it when a shady Cabinet member lies about why he made his policy decisions. (Also linked yesterday.)

Sad News. Yamiche Alcindor of PBS News: "Gregory Cheadle, the black man ... Donald Trump once described at a rally as 'my African American,' is fed up. After two years of frustration with the president's rhetoric on race and the lack of diversity in the administration, Cheadle told PBS NewsHour he has decided to leave the Republican party and run for a seat in the U.S. House of Representative as an independent in 2020. Now, the 62-year-old real estate broker, who supported the Republican approach to the economy, said he sees the party as pursuing a 'pro-white' agenda and using black people like him as 'political pawns.' The final straw for Cheadle came when he watched many Republicans defend Trump's tweets telling four congresswomen of color, who are all American citizens, to go back to their countries, as well as defend the president's attacks on Rep. Elijah Cummings, D-Md., and his comments that Cummings' hometown of Baltimore is 'infested.'" Mrs. McC: And it took Cheadle only three years to catch on. (Also linked yesterday.)

** Daniel Lippman of Politico: "The U.S. government concluded within the last two years that Israel was most likely behind the placement of cell-phone surveillance devices that were found near the White House and other sensitive locations around Washington, D.C., according to three former senior U.S. officials with knowledge of the matter. But unlike most other occasions when flagrant incidents of foreign spying have been discovered on American soil, the Trump administration did not rebuke the Israeli government, and there were no consequences for Israel's behavior, one of the former officials said.... The devices were likely intended to spy on ... Donald Trump, one of the former officials said, as well as his top aides and closest associates -- though it's not clear whether the Israeli efforts were successful. President Trump is reputed to be lax in observing White House security protocols." (Also linked yesterday.) ...

     ... Mrs. McCrabbie: Why, it was just the other day we learned that Trump "has privately and repeatedly expressed opposition to the use of foreign intelligence from covert sources... [because] spies can damage relations with their host countries and undermine his personal relationships with their leaders." So Israel can spy on him, but he opposes spying on Israel because then Bibi might not like him. ~~~

~~~ Elliott Hannon of Slate: "Perhaps the most galling part of Politico's reporting is that the Trump administration didn't do anything about it! 'One former senior intelligence official noted that after the FBI and other agencies concluded that the Israelis were most likely responsible for the devices, the Trump administration took no action to punish or even privately scold the Israeli government,' Politico noted. 'The former senior intelligence official criticized how the administration handled the matter, remarking on the striking difference from past administrations....'" ~~~

~~~ Adam Silverman in Balloon Juice: "There are two parts to this operational security breakdown and counterintelligence nightmare. The first is a President who refuses to follow even the most basic rules for maintaining operational security and the second is a client state, Israel, which treats its patron, the US, as if it is a hostile foreign power.... The administration's failure to hold the Israelis accountable for this SIGINT collection operation only encourages them, as well as other foreign actors -- from allies and partners to hostile competitors -- to conduct similar operations in the future.... Anyone who is in contact with the subjects of the collection themselves become targets for collection."

Blake Montgomery of the Daily Beast: "The president of the Massachusetts Institute of Technology is admitting that not only did the school hide donations from Jeffrey Epstein -- he wrote the accused sex trafficker a thank-you letter. 'It is now clear that senior members of the administration were aware of gifts the Media Lab received between 2013 and 2017 from Jeffrey Epstein's foundations,' MIT President L. Rafael Reif said in a statement Thursday afternoon. 'Because the members of my team involved believed it was important that Epstein not use gifts to MIT for publicity or to enhance his own reputation, they asked [MIT Media Lab Director Joi Ito] to agree to make clear to Epstein that he could not put his name on them publicly.... Reif's Thursday statement summarized the preliminary findings of an investigation by outside law firm Goodwin Procter into Epstein's connections to the Media Lab ... and to Ito and the university writ large."

Beyond the Beltway

California. Darwin BondGraham of the Guardian: "The private prison industry is set to be upended after California lawmakers passed a bill on Wednesday banning the facilities from operating in the state. The move will probably also close down four large immigration detention facilities that can hold up to 4,500 people at a time. The legislation is being hailed as a major victory for criminal justice reform because it removes the profit motive from incarceration. It also marks a dramatic departure from California's past, when private prisons were relied on to reduce crowding in state-run facilities.... The state's governor, Gavin Newsom, must still sign AB32, but last year he signaled support for the ban and said during his inaugural speech in January that the state should 'end the outrage of private prisons once and for all'."

News Lede

New York Times: "A potential tropical storm is brewing in the Atlantic and by late Friday could threaten areas of the Bahamas recently devastated by Hurricane Dorian, forecasters warned. The weather system remained a tropical depression but the National Hurricane Center said in a 5 p.m. update that a tropical storm warning was in effect for the Northwestern Bahamas, excluding Andros Island."