The Commentariat -- March 20, 2019
Afternoon Update:
** Juliet Eilperin & Brady Dennis of the Washington Post: "A federal judge ruled late Tuesday that the Interior Department violated federal law by failing to take into account the climate impact of its oil and gas leasing in the West. The decision by U.S. District Court for the District of Columbia Judge Rudolph Contreras marks the first time the Trump administration has been held to account for the climate impact of its energy-dominance agenda, and it could have sweeping implications for the president's plan to boost fossil fuel production across the country. Contreras concluded that Interior's Bureau of Land Management 'did not sufficiently consider climate change' when making decisions to auction off federal land in Wyoming to oil and gas drilling. The judge temporarily blocked drilling on roughly 300,000 acres of land in the state."
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The Simple-Minded President* at Home. Tim Noah & Adam Behsudi of Politico: "... Donald Trump heads to Ohio Wednesday embroiled in a fight with General Motors and the United Auto Workers over the closing of GM's Lordstown plant. But his attempts to save manufacturing jobs have battered the auto industry and could erode his loyal base in the Midwest. Trump's tariffs on steel and aluminum have cost Ford and GM about $1 billion each. GM Chief Executive Officer Mary Barra cited the tariffs in November when she announced the 14,000 job cuts that included the Lordstown plant's shuttering. Potentially making things even worse, Trump is now weighing new tariffs on foreign automobiles that could threaten hundreds of thousands of additional U.S. jobs.... Trump's simple formula of demanding that specific plants should stay open doesn't account for the sophistication of the global auto industry. The auto making supply chain is global; foreign companies build cars in the U.S. but with some foreign-made parts. Likewise, cars made abroad often contain American parts. And automakers move workers from plant to plant as demand for different kinds of autos shifts."
The Simple-Minded President* Abroad. John Walcott of Time: "... Donald Trump has taken increased control of negotiations over North Korea's nuclear weapons program, sidelining his own top negotiator and dismissing the warnings of top intelligence and foreign policy advisors in the wake of last month's failed summit in Vietnam, officials familiar with the developments tell Time. In recent days, Trump shut down an effort by Stephen Biegun, nominally the Administration's lead negotiator with Pyongyang, to reestablish a back channel through the North's United Nations mission in New York, according to four U.S. and South Korean officials. At the same time, Trump continues to dismiss the conclusions of the CIA, State and Defense Departments and other agencies that North Korea will not abandon its nuclear weapons program, continuing to insist that he and Kim can negotiate a deal, according to two U.S.officials."
Ben Schreckinger of Politico: "Meeting with [Brazil's President Jair] Bolsonaro at the White House Tuesday, Trump said he was 'honored' by comparisons between the two men's winning presidential campaigns. Trump praised Bolsonaro for running 'a very incredible campaign, some said a little bit reminded people of our campaign,' noting he believed the Brazilian leader 'has done a very outstanding job.'... 'I call it fake news,' Trump said during a joint press conference with Bolsonaro. 'I'm very proud to hear the president use the term fake news.'... Unofficially, the visit marks a milestone for what some see as an emerging new world order of strongmen backed by right-wing insurgencies.... Bolsonaro, nicknamed the 'Trump of the Tropics,' has drawn widespread condemnation in the U.S. for [anti-gay] remarks as well as racist comments, his defense of Brazil's former military dictatorship and his family's ties to violent paramilitary groups. But the Trump administration has embraced him wholeheartedly." (Also linked yesterday afternoon.) ...
... Tim Dickinson of Rolling Stone on how Eduardo Bolsonaro, Jair's son, schmoozed with C-list "celebrities" at Mar-a-Lago as prep for Jair's White House visit. And then how Eduardo (and others) posted pix on Instagram to establish his creds -- Wilbur Ross! Jeanine Pirro! The My Pillow Guy!
Adam Edelman of NBC News: "... Donald Trump doubled down on his criticism of the late Sen. John McCain on Tuesday, telling reporters that he 'was never a fan' of the Arizona lawmaker 'and never will be.' Trump, during an appearance at the White House alongside Brazilian President Jair Bolsonaro, continued his posthumous broadside against his former foe, saying that he still found it 'disgraceful' that McCain voted against repealing key parts of Obamacare in 2017." (Also linked yesterday afternoon.) ...
... A. B. Stoddard in the Bulwark: "Later today Sen. Johnny Isakson [R-Ga.] will call out President Trump for his continued disparagement of John McCain. The chairman of the Senate Veteran Affairs Committee said in an exclusive interview on Tuesday that the service of any veteran, let alone McCain, should never be besmirched, that president's comments 'drive me crazy,' and that he plans to speak out at length on Wednesday. Isakson had warned President Trump. When McCain died on August 25th and the flag at the White House remained at full staff, then went down to half staff but back again within one day -- before the traditional end of the period of internment -- Georgia's senior senator considered the show of disrespect 'unthinkable.'"
Josh Dawsey & John Wagner of the Washington Post: "President Trump on Tuesday ratcheted up a remarkable public spat with the husband of one of his top advisers, attacking Kellyanne Conway's husband as a 'total loser' on Twitter in response to the lawyer's persistent questions about his mental health and competence.... The president's tweet also included a dubious assertion from Trump's 2020 campaign manager, Brad Parscale, that the president 'doesn't even know' his senior adviser's husband. But George Conway said in an interview Tuesday that he has had a number of notable interactions with Trump over the past decade, often concerning legal representation and sensitive legal matters since Trump became president. He described the president as 'mendacious' and 'incompetent' and predicted he would not win reelection." (Also linked yesterday afternoon.) ...
... Diversionary Tactics, Ctd. Caitlin Oprysko of Politico: "... Donald Trump escalated his attacks on the husband of one of his top aides and most visible defenders, tweeting Wednesday that George Conway is a 'husband from hell' to his wife Kellyanne. Trump also appeared to claim that Kellyanne Conway, a senior adviser to the president and former Trump campaign manager, played a role in preventing her husband from receiving a high-profile job in the Justice Department in early 2017, despite George Conway's insistence it was he who turned Trump down." ...
... So Then. Aris Folley of the Hill: "George Conway, the husband of White House counselor Kellyanne Conway and a top critic of President Trump, is firing back after the president called him a 'stone cold loser' and a 'husband from hell.' 'You. Are. Nuts,' Conway wrote in one of two quick tweets responding to the president's early Wednesday morning insults. 'You seem determined to prove my point. Good for you!' Conway said in his first tweet responding to Trump, adding the hashtag #NarcissisticPersonalityDisorder."
The Trump Scandals, Ctd.
Benjamin Weiser & William Rashbaum of the New York Times: "Federal authorities investigating Russian interference in the presidential election obtained search warrants for emails of Michael D. Cohen, President Trump's former lawyer and fixer, beginning in July 2017, according to documents released Tuesday that provide a glimpse into the earliest stages of the inquiry into the president. The documents show that Mr. Cohen's business dealings had already been the subject of an extensive investigation by the time F.B.I. agents conducted a highly public raid on his home and office nine months later, in April of last year. They also show how little the public knew about the Russian investigation in real time as prosecutors zeroed in on Mr. Cohen.... The documents give a rough timeline of how the Cohen investigation unfolded." (Also linked yesterday afternoon.) ...
... The Washington Post has the warrants here. About 150 pp. are redacted. ...
... Bob Mueller Is Very, Very Busy. Spencer Hsu & Matt Zapotosky of the Washington Post: "Prosecutors with special counsel Robert S. Mueller III's team on Tuesday cited the 'press of other work' in asking a judge to give them until April 1 to respond to the court about a request from The Washington Post to unseal records in Paul Manafort's criminal case. In a two-page filing, Deputy Solicitor General Michael R. Dreeben and prosecutor Adam C. Jed wrote, 'Counsel responsible for preparing the response face the press of other work and require additional time to consult within the government.' A response had been due March 21.... The Post has objected to the abundance of sealed and redacted records in Manafort's Washington case and petitioned the judge in his case, Amy Berman Jackson, to open them to public view." ...
... MEANWHILE. Darren Samuelsohn & Josh Gerstein of Politico: "Rod Rosenstein — the deputy attorney general who appointed the special counsel, signed off on all his major decisions and even spoke on behalf of the investigation at a news conference and in congressional testimony -- is not ready to leave just yet, putting off his previously planned departure for at least a few weeks, a source familiar with his plans confirmed on Tuesday.... His decision to stay put a little longer was taken as yet another sign among a growing body of clues that the special counsel is indeed nearing the finish line."
Ken Dilanian of NBC News: "... legal experts, along with the congressman leading the House Russia investigation, tell NBC News that the most important question investigators must answer is one that may never have been suitable for the criminal courts: Whether President Trump or anyone around him is under the influence of a foreign government. 'It's more important to know what Trump is NOW than to know what he did in 2016,' said Martin Lederman, professor at the Georgetown University Law Center and former deputy assistant attorney general ... during the Obama administration.... In an interview with NBC News, House Intelligence Committee Chairman Adam Schiff said he is steering his investigation in a new direction to focus on it -- and he will demand any relevant evidence compiled by the FBI or Mueller's team. The California Democrat also expressed concern that Mueller hasn't fully investigated Trump's possible financial history with Russia."
Josh Gerstein: "A federal appeals court panel was indisputably hostile Tuesday to a lawsuit accusing ... Donald Trump of violating the Constitution by profiting from his business dealings with foreign countries seeking to curry favor with his administration. The uphill battle the suit faces was evident before the arguments even began Tuesday morning when it was revealed that all three 4th Circuit Court of Appeals judges assigned to the case are GOP appointees, including two of the court's most conservative jurists. One of those judges suggested that the suit could be a precursor to attempting to drive the president from office through impeachment.... The arguments in the so-called foreign emoluments case test largely uncharted areas of constitutional law, but also serve as a reminder of the numerous ethical challenges Trump's administration has faced...."
Stonewall. Rep. Elijah Cummings (D-Md.), in a Washington Post op-ed: "... President Trump and his allies have complained of Presidential Harassment,' decrying Democrats for having the audacity to request documents and witnesses to fulfill our constitutional responsibilities. The problem is that the White House is engaged in an unprecedented level of stonewalling, delay and obstruction.... The White House has not turned over a single piece of paper to our committee or made a single official available for testimony during the 116th Congress.... The president dictated this approach the day after the election when he threatened a 'warlike posture' against Democrats and then vowed that, at the end of two years, 'I'm just going to blame them.'... If our committee must resort to issuing subpoenas, there should be no doubt about why. This has nothing to do with presidential harassment and everything to do with unprecedented obstruction." ...
... Anita Kumar of Politico: "House Judiciary Chairman Jerry Nadler wrote to the White House last month demanding information about ... Donald Trump's declaration of a national emergency to fund the construction of a southern border wall. Yet Nadler's Feb. 22 deadline came and went with no response. Not only did the Democratic congressman not receive the documents he wanted, he didn't even receive a customary letter back from the White House acknowledging his request. It was just one example of the Trump White House's unusually hostile -- or in this case, non-existent -- response to congressional investigators. In their early response to an onslaught of Democratic requests, Trump officials are breaking from norms set by previous administrations of both parties, according to people who worked in the White House or Capitol Hill during the presidencies of Bill Clinton, George W. Bush and Barack Obama. Over the last two months, Trump's intent has become clear: He doesn't plan to negotiate with Congress over their demands for information and witnesses the way his predecessors did. Instead, House Democrats are going to have to fight him for everything.... In total, the administration has at least 30 times refused or delayed turning over documents to 12 House committees, according to House Democrats." ...
... Mrs. Bea McCrabbie: Hardly surprising. This is the Trumpertantrum Presidency*, so stamping his feet & refusing to play by the rules is SOP. Trump is stonewalling not just on matters related to potentially criminal matters, but on everything. For instance, Rep. Cummings mentions first documents related to the White House's mishandling of security clearances. Nadler refers to Trump's fake emergency declaration. There's no indication -- so far, anyway -- that Trump acted criminally in these matters.
Thomas Kaplan of the New York Times: "The United States transportation secretary, Elaine Chao, on Tuesday asked her agency's internal watchdog to conduct an audit of the Federal Aviation Administration's certification of the Boeing 737 Max 8. The F.A.A.'s approval of the 737 Max has come under scrutiny after the crash last week of an Ethiopian Airlines jet, the second deadly crash involving the aircraft in less than five months.... Ms. Chao wrote that she was seeking the audit 'to help inform the department's decision-making and the public's understanding, and to assist the F.A.A. in ensuring that its safety procedures are implemented effectively.'" ...
... Alan Levin & Harry Suhartono of Bloomberg News: "As the Lion Air crew fought to control their diving Boeing Co. 737 Max 8, they got help from an unexpected source: an off-duty pilot who happened to be riding in the cockpit. That extra pilot, who was seated in the cockpit jumpseat, correctly diagnosed the problem and told the crew how to disable a malfunctioning flight-control system and save the plane, according to two people familiar with Indonesia's investigation. The next day, under command of a different crew facing what investigators said was an identical malfunction, the jetliner crashed into the Java Sea killing all 189 aboard. The previously undisclosed detail on the earlier Lion Air flight represents a new clue in the mystery of how some 737 Max pilots faced with the malfunction have been able to avert disaster while the others lost control of their planes and crashed. The presence of a third pilot in the cockpit wasn't contained in Indonesia's National Transportation Safety Committee's Nov. 28 report on the crash and hasn't previously been reported."
Pam Belluck of the New York Times: "The first drug for women suffering postpartum depression received federal approval on Tuesday, a move likely to pave the way for a wave of treatments to address a debilitating condition that is the most common complication of pregnancy. The drug works very quickly, within 48 hours -- a significant improvement over currently available antidepressants, which can take two to four weeks to have an effect, if they work at all."
The Biggest Losers. Fred Barbash & Deanna Paul of the Washington Post: "Federal judges have ruled against the Trump administration at least 63 times over the past two years, an extraordinary record of legal defeat that has stymied large parts of the president's agenda on the environment, immigration and other matters. In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance, including providing legitimate explanations for shifts in policy, supported by facts and, where required, public input. Many of the cases are in early stages and subject to reversal.... Two-thirds of the cases accuse the Trump administration of violating the Administrative Procedure Act (APA), a 73-year-old law that forms the primary bulwark against arbitrary rule. The normal 'win rate' for the government in such cases is about 70 percent, according to analysts and studies. But as of mid-January, a database maintained by the Institute for Policy Integrity at the New York University School of Law shows Trump's win rate at about 6 percent.... Contributing to the losing record has been Trump himself. His reported comments about 'shithole countries,' for example, helped convince U.S. District Judge Edward Chen in San Francisco that the administration's decision to end 'temporary protected status' for hundreds of thousands of immigrants from Central America, Haiti and Sudan was motivated by racial and ethnic bias. At least a dozen decisions have involved Trump’s tweets or comments." Thanks to MAG for the link. See also MAG's commentary in yesterday's thread. (Also linked yesterday afternoon.) ...
... Mrs. McCrabbie: Yeah, it turns out racial animus is not that sturdy a basis for policy decisions. ...
... Trump Won This One. Robert Barnes of the Washington Post: “A narrowly divided Supreme Court said Tuesday that federal authorities have broad authority to detain -- without a bond hearing -- legal immigrants who have committed certain crimes that make them eligible for deportation. It does not matter whether authorities pick up such noncitizens years after they have been released from criminal custody, Justice Samuel A. Alito Jr. wrote for the majority in the 5-to-4 decision. Federal law mandates detention for certain aliens while awaiting deportation proceedings, he said. 'As we have held time and again, an official's crucial duties are better carried out late than never,' wrote Alito, joined in the outcome by his fellow conservatives." (Also linked yesterday afternoon.)
King Coal Prevails. Darius Dixon of Politico: "The White House has dropped plans to nominate a veteran lawyer to serve on a key federal energy panel after pressure from Energy Secretary Rick Perry and major coal companies headed by allies of President Donald Trump, two people familiar with the effort told Politico. Politico reported last month that David Hill, who served as the Energy Department's general counsel under President George W. Bush, was the likely candidate for a seat on the Federal Energy Regulatory Commission. A senior administration official said at the time that Hill was 'almost certain' to be tapped. But Perry and other senior DOE officials opposed giving the post to Hill, who had publicly criticized the Trump administration's push to offer financial aid to coal power plants -- and they were joined in the effort by Joe Craft's Alliance Resource Partners and Bob Murray's Murray Energy Corp., the sources said. Both coal companies are major GOP donors, and Trump has said he planned to nominate Craft's wife, Kelly Knight Craft, to be the U.S. ambassador to the United Nations."
Aaron Blake of the Washington Post: "There is a Twitter account called 'Devin Nunes' cow that has tweeted nasty things about Rep. Devin Nunes (R-Calif.). Evidently, the account is not actually run by a cow belonging to Nunes. Nunes is now suing his purported cow.... What better way to draw attention to something than to sue what is obviously a parody account claiming to be a creature without the opposable thumbs necessary to fire off a tweet?... What might be most notable about Nunes's suit is that this is the first battle he chose. Nunes said on Sean Hannity's Fox News show Monday night that this is 'the first of many' lawsuits to come. Does he really think his most obvious and airtight case involved ... @DevinCow and @DevinNunesMom?... The legal merits of the case appear highly questionable at best. The standard for defamation of a public figure such as Nunes is much higher than for an average person.... [BUT] Nunes is telegraphing an expansive effort to go after people who hurt Republicans with their public discourse. Its potential impact, not so much legally as from personal behavioral standpoint, shouldn't be so casually dismissed." See related posts linked yesterday. (Also linked yesterday afternoon.)
Josh Kovensky of TPM: "Florida prosecutors offered a deal to New England Patriots owner Robert Kraft whereby charges that he solicited prostitution would be dropped in exchange for Kraft admitting that he would be found guilty at trial, the Wall Street Journal reported Tuesday. Under the terms of the reported deferred prosecution agreement, Kraft would be screened for sexually transmitted diseased, complete a class on prostitution, finish 100 hours of community service, and pay some court costs from the case. Kraft denies the charges. The WSJ also reported that legal experts had raised questions over Florida prosecutors' conduct in the case.... " (Also linked yesterday afternoon.)
Anemona Hartocollis & Amy Harmon of the New York Times: "The many students enmeshed in the college admissions scandal that was unveiled last week now face a reckoning as universities seek to determine whether they were innocent victims who should keep working toward their degrees or unethical schemers worthy of discipline. The University of Southern California said it had identified six current applicants associated with the case and would reject them. The school informed an additional number of enrolled students who were linked to the scandal that they could not register for classes until administrators had determined their level of culpability. Yale, another university implicated in the fraud, reminded students last week of a longstanding policy to rescind the admission of students who falsify applications. A statement from Stanford said that inaccurate information on a college application was grounds for being 'disenrolled' from the university or having an offer of admission rescinded, 'as has happened regretfully in the past.'"
A Word of Caution. Tom Winter & Rich Schapiro of NBC News: "A notorious California con man has been charged with defrauding donors out of more than $250,000 sent to sham political groups and websites for Beto O'Rourke, Bernie Sanders and other prominent Democrats, prosecutors said Tuesday. John Pierre Dupont, 80, is accused of setting up at least three bogus political action committees, or PACs, and several websites that purported to be raising money for roughly 10 individual Senate candidates, a candidate for governor and for progressive causes, according to a criminal complaint.... The websites Dupont created included Beto4Senate.org, Sanders2016Campaign.org, GillumForFloridaGovernor.org and ImmigrantChildrenUnited.org, according to the complaint." Mrs. McC BTW: Duport isn't a real Dupont; he used to be John Gary Rinaldo. Maybe he was somebody else before that; I don't know.
Annals of "Journalism," Ha Ha Ha. Brian Stelter of CNN: "Former Speaker of the House Paul Ryan is joining the board of the newly slimmed-down Fox Corporation, the parent company of Fox News. Ryan and three other board of directors were appointed on Tuesday. Appointing these directors was a necessary step as the Murdoch family wraps up the Disney-Fox deal.... The parts of Fox that aren't being acquired by Disney are forming a new company, simply called Fox, that will be run by Rupert Murdoch's son Lachlan Murdoch." Mrs. McC: It heartens me to anticipate just how much more "sincere" Fox personalities will be when they tout the benefits of shivving the poor & middle class. (Also linked yesterday.) ...
... Trouble in the Fox Den. Gabriel Sherman of Vanity Fair: "Trump's [recent Twitter] attacks on Fox have widened the chasm between the network's opinion hosts and the news division, which have been fighting a cold civil war since Roger Ailes was ousted in July 2016. Fox journalists, bristling at being branded an arm of the Trump White House, are lobbying Fox News C.E.O. Suzanne Scott and President Jay Wallace to rein in Fox & Friends, Sean Hannity, Lou Dobbs and [Jeanine] Pirro.... Fox's opinion hosts, meanwhile, have made the case that Fox's prime-time lineup not only reflects the audience's worldview, but is responsible for the majority of the network's advertising revenue.... The outcome of that civil war will be decided by Fox Corporation chairman and C.E.O. Lachlan Murdoch.... Staffers believe he is likely to nudge the network away from its close marriage to Trump.... Two sources close to Lachlan told me that he has likely waited to implement any editorial changes at Fox News until the Disney deal closes on March 20, for fear of antagonizing Trump into opposing it." Also, Hannity doesn't like the Murdochs & they may sell Fox "News."
Beyond the Beltway
Florida. GOP Anti-Voters Are at It Again. Samantha Michaels of Mother Jones: "Last November, Florida passed a ballot measure to reenfranchise as many as 1.4 million people with felony records, the largest expansion of voting rights in decades. But less than six months after the historic move, [Republican] state lawmakers are considering legislation that would make it harder for some of them to vote by requiring them to first finish paying all court fines and fees.... On Tuesday, a House subcommittee approved a bill that would prevent people with felony records from voting until they finish paying all court fines and fees, including 'any cost of supervision' like parole, even if those fines and fees were not spelled out by a judge as part of the person's original sentence.... The bill was introduced last Friday and passed out of committee along party lines, with Republicans in favor. The Florida Rights Restoration Coalition, a group that pushed for Amendment 4, slammed it as an 'unconstitutional overreach.'... Others argue the bill would unfairly burden low-income people who can't afford to repay all their fines." ...
... Mrs. McCrabbie: Ah, if only "those people" would stick with the sentiments of Florida's state song: "I'm longin' for the old plantation...." Seriously, Republicans are pining for the good ole days when "those people" knew their "place." The GOP really hates democracy. ...
... Gary Fineout of Politico: "Andrew Gillum has launched a Florida voter registration group dedicated to defeating President Donald Trump's re-election chances in the nation's largest swing state. The former Tallahassee mayor and Democratic nominee for governor is expected to formally announce the effort today at a speech in Miami Gardens. One of the groups working with Gillum -- Bring it Home Florida, named after his signature campaign phrase -- was registered last week by his supporters with the state election division overseeing third-party voter registration organizations."
Texas. O, To Be in Houston... Johnny Simon of Quartz: "A massive fire at a Texas petrochemical storage terminal will continue to burn and spew jet-black smoke for two more days, officials say. Yesterday (March 18), the blaze -- which started March17 — engulfed tanks holding the toxic chemicals naphtha, xylene, and toluene at Intercontinental Terminals Company in Deer Park, near Houston. Naphtha and xylene are components in the production of gasoline and other petroleum products. Toluene, a widely applied solvent, is in nail-polish remover, glues and paint thinner, the Houston Chronicle notes.... Company officials say, as of yesterday, the air-quality measurements had not reached dangerous levels beyond the facility, where photos show the massive column of black smoke emerging from the terminal. Harris County officials warned nearby residents that the smoke could irritate eyes and skin and cause breathing problems."
Way Beyond
Adam Satariano of the New York Times: "European authorities on Wednesday fined Google 1.5 billion euros for antitrust violations in the online advertising market, continuing its efforts to rein in the world's biggest technology companies. The fine, worth about $1.7 billion, is the third against Google by the European Union since 2017, reinforcing the region's position as the world's most aggressive watchdog of an industry with an increasingly powerful role in society and the global economy. The regulators said Google had violated antitrust rules by imposing unfair terms on companies that used its search bar on their websites in Europe. Europe's regulatory approach was once criticized as unfairly targeting technology companies from the United States, but is now viewed as potential global model as governments question the influence of Silicon Valley."
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