The Commentariat -- January 21, 2020

Late Morning/Afternoon Update:

Mrs. McCrabbie: Of course I'm biased, but I thought Adam Schiff did a masterful job of meticulously outlining why it would be out of sync with precedent and irresponsible for the Senate to disallow witnesses & docs. Pat Cipollone made a stupid, content-free, 3-minute speech in favor of McConnell's rules, and Jay Seculow made a longer, but not a lot better, argument about something. Seculow's remarks were riddled with misrepresentations & flat-out lies. But these are Trump's guys. And the best man will lose -- altho the House managers have already had a minor win -- see Mitch's changes, as noted below by NYT reporters. ~~~

     ~~~ Update: Schiff is now rebutting whatever that was Seculow was talking about, and points out that whatever that was had nothing whatsoever to do with the rules, which were supposed to be the subject of his discourse. He also called out both Trump lawyers for some of the lies they told.

Jordain Carney of the Hill: "House Intelligence Committee Chairman Adam Schiff (D-Calif.) criticized Senate Majority Leader Mitch McConnell (R-Ky.) on Tuesday over setting the stage for a 'rigged' impeachment trial for president Trump. Schiff, the lead impeachment manager on the House team, zeroed in on a provision in the rules resolution that could force the impeachment trial to go late into the night. The provision gives the impeachment managers 24 hours to present their arguments, but over just two legislative days, with arguments beginning Wednesday and Thursday at 1 p.m."

The New York Times liveblog of impeachment trial developments is here [link fixed]. The Guardian's liveblog is here.

From the NYT liveblog: Michael Shear: “Republicans made last-minute changes in their proposed organizing resolution for the impeachment trial after fierce attacks from Democrats that the proposed rules were unfair and part of an attempted 'cover-up' of President Trump's actions. The initial proposal ... had set aside 24 hours for each side to argue the case -- but said they had to complete the arguments in two days. Democrats said that would most likely force the debate well into the wee hours of the morning.... When the resolution was read, however, the two-day limit was changed to three days." Mrs. McC: According to MSNBC, the changes were "penciled in" to the copies of the rules distributed to senators. ~~~

~~~ Nicholas Fandos: "Senator Mitch McConnell ... made changes to the proposed rules for the trial after Republicans senators, including Susan Collins of Maine, raised concerns...." ~~~

~~~ Fandos: "In a significant change, the rules resolution submitted by Senator Mitch McConnell automatically enters the evidence collected by the House impeachment inquiry into the Senate record of the trial, in the same way that a similar resolution treated evidence during the 1999 impeachment trial of former President Bill Clinton. Democrats had railed against a provision in the proposed rules that would not automatically admitted into the official record the House's evidence. They warned that Republicans were attempting to conduct a trial with 'no evidence' at all."

Fandos: "The seven House managers submitted one final written brief at noon on Monday, just an hour before the Senate was set to reconvene as a court of impeachment. The 34-page filing included a point-by-point rebuttal of arguments put forward by President Trump's lawyers in his defense on Monday, and an appeal to senators to convict him based on the House charges."

The most important moment for the Republican Party since the censure of Joe McCarthy and the impeachment and resignation of Richard Nixon, in which Republicans became great heroes and patriots. Now, we're looking at 'Midnight Mitch' and the so-called world's greatest deliberative body really embracing a cover-up that is there for all to see. That's what this is about. It's about preventing information from becoming known and seen by the American public. -- Carl Bernstein on CNN, last night ~~~

~~~ Moran of the Huffington Post: "Carl Bernstein sent social media users into overdrive after he slapped Senate Majority Leader Mitch McConnell (R-Ky.) with a taunting new nickname. The famed Watergate reporter called McConnell 'Midnight Mitch' during a panel discussion on CNN's 'Anderson Cooper 360°' on Monday. It centered on McConnell's proposed compressed schedule for ... Donald Trump's imminent Senate impeachment trial over the Ukraine scandal that would see some testimony taking place in the early hours." Thanks to PD Pepe for the lead.

A Win for Trump & Co. Susannah Luthi of Politico: "The Supreme Court on Tuesday rejected Democrats' plea to consider a high-stakes legal challenge that could kill Obamacare, punting a resolution in the politically fraught case until after the presidential election. The decision deals a blow to Democrats' hopes to elevate the issue in 2020, but it will come as a relief to ... Donald Trump and Republicans, who've been wary of the lawsuit's potential to scramble their election hopes.... Trump, who has appeared sensitive to Democratic attacks on his efforts to wipe out Obamacare, last week falsely claimed on Twitter he 'saved Pre-Existing Conditions in your Healthcare,' despite his support for a lawsuit that would eliminate those protections. Trump also lashed out at Health and Human Services Secretary Alex Azar last Thursday over polling that shows Americans trust Democrats more on health care."

Rick Noack of the Washington Post: "Swedish climate activist Greta Thunberg inveighed against the sowers of 'climate chaos' at the World Economic Forum in Davos, Switzerland, on Tuesday, offering a view of the world that stood in stark contrast to President Trump's. In two speeches at the conference, the 17-year-old Thunberg renewed the call to 'start listening to the science' on climate change. The world, she said, needs to 'treat this crisis with the importance it deserves.'... Trump said he was a "big believer in the environment" but did not single out climate change and lashed out at 'alarmists.' He said the United States will participate in a plan to add 1 trillion trees worldwide -- a plan that climate activists argued would not even begin to scratch the surface."~~~

~~~ Silvia Amaro of CNBC: "The U.S. president addressed politicians and business leaders at WEF on Tuesday morning, where he took credit for America's 'stunning turnaround.' In what was his second speech as U.S. leader at Davos, Trump outlined how his 'America-first' approach had worked and advised other countries to follow suit. However, some of the audience members looking on argued that Trump was actually talking to voters back home."

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"A National Disgrace." Sham Trial in a Kangaroo Court. Seung Min Kim & Karoun Demirjian of the Washington Post: "In a four-page resolution, Senate Majority Leader Mitch McConnell (R-Ky.) said the opening arguments would begin at 1 p.m. on Wednesday, with each side given 24 hours to present their case over a two-day period. The Senate will vote on the resolution Tuesday. The question of witnesses would be decided after senators have 16 hours to question the two parties. This story will be updated." This is a breaking news story at 6 pm ET Monday. Mrs. McC: The parameters for the presentations are downright ridiculous. Here are some of the provisions the reporters outline in an update:

"McConnell's organizing resolution, which he circulated late Monday afternoon, offers each side 24 hours to make their opening arguments starting on Wednesday but compressed into two session days. It is unclear whether Democrats would press to use all their time, which could push testimony past midnight. After the House managers and Trump's lawyers make their case, senators will be allowed 16 hours to question the opposing sides. After that, the sides will debate for a maximum of four hours on whether to consider subpoenaing witnesses or documents at all, followed by a vote on whether to do so. If a majority of senators agree, then there will likely be motions from both sides to call various witnesses, with subsequent votes on issuing subpoenas.

"The resolution also allows Trump's team to move to dismiss the charges at any time -- although it is not explicitly mentioned in the four-page measure -- because doing so is allowed under standard impeachment trial rules. The Senate trial also won't automatically admit evidence from the House process, according to GOP officials, a key difference from the impeachment trial of President Bill Clinton more than two decades ago. Though the material will be printed and made available to senators, it won't be automatically admissible unless a majority of senators approve it.

"The resolution infuriated Democratic senators, with Senate Minority Leader Charles E. Schumer (D-N.Y.) calling the document a 'national disgrace' and accusing McConnell of shrouding testimony and rushing the trial." ~~~

~~~ Politico's story, by Burgess Everett & Marianne Levine, is here. A reproduction of the resolution, via the Hill, is here.

Peter Baker & Maggie Haberman of the New York Times: "President Trump's legal team called on the Senate on Monday to 'swiftly reject' the impeachment charges and acquit him, arguing that Democrats would 'permanently weaken the presidency' if they succeeded in removing him from office over what the team characterized as policy and political differences. In a 110-page brief submitted to the Senate the day before Mr. Trump's trial begins in earnest, the president's lawyers advanced their first sustained legal argument since the House opened its inquiry in the fall, contending that the two charges approved largely along party lines were constitutionally flawed and set a dangerous precedent. Mr. Trump's lawyers dismissed the validity of both articles of impeachment lodged against him -- abuse of power and obstruction of Congress -- because they do not state any specific violation of the law, advancing a constrained and widely rejected interpretation of the power to impeach a president. While the lawyers did not contest the basic facts of the case, they maintained that Democrats' accusations in effect seek to punish the president for foreign policy decisions and efforts to preserve executive prerogatives." (Linked yesterday, in an earlier form.) ~~~

     ~~~ Politico's story is here. Trump's brief, via the White House, is here. ~~~

~~~ Calvin Woodward & Hope Yen of the AP take "a look at some statements by Trump and his legal team as opening arguments approach in the Senate impeachment trial: ... Donald Trump's defense against impeachment charges, as laid out in his legal argument released Monday, has distortions at its core. Trump through his lawyers assails Democrats for trying to upend the results of an election, which is precisely the point of impeachment in the Constitution. The case asserts Trump committed no crime, a benchmark for impeachment that the Constitution's authors avoided adopting in a well-documented debate." ~~~

     ~~~ Mrs. Bea McCrabbie: I suppose we should not be surprised, but it's still stunning that the most important legal brief his attorney have ever presented on his behalf "has distortions at its core" and contains a laundry-list of falsehoods. Then again, it seems as if Trump dictated the brief, and his lawyers merely massaged it: ~~~

     ~~~ Matt Stieb of New York: "The memo from Trump's lawyers echoes arguments he's made for months, only in slightly more formal language. It doesn't call Trump's phone call last July with Ukrainian President Volodymyr Zelensky 'perfect,' but it does say the call was 'perfectly appropriate.' The House impeachment inquiry isn't referred to as 'the most unfair witch-hunt in the history of Congress,' but it did violate 'every precedent and every principle of fairness followed in impeachment inquiries for more than 150 years,' according to the memo." ~~~

~~~ Charlie Savage of the New York Times: "As President Trump's impeachment trial opens, his lawyers have increasingly emphasized a striking argument: Even if he did abuse his powers in an attempt to bully Ukraine into interfering in the 2020 election on his behalf, it would not matter because the House never accused him of committing an ordinary crime. Their argument is widely disputed.... 'This argument is constitutional nonsense,' [Constitutional scholar Frank] Bowman said. 'The almost universal consensus -- in Great Britain, in the colonies, in the American states between 1776 and 1787, at the Constitutional Convention and since -- has been that criminal conduct is not required for impeachment.'... Many legal scholars say senators should not take this argument seriously.... Several early impeachment proceedings -- including against a judge who got drunk while presiding over cases -- did not involve indictable offenses." ~~~

~~~ George Conway in a Washington Post op-ed: "Trump's answer doesn't bother to present a coherent factual response to the impeachment charges. Instead, it relies on bare conclusions, pointless irrelevancies and outright misstatements -- including whether Trump 'raised the important issue of corruption' in his July 25 phone call with Ukraine President Volodymyr Zelensky. Read the rough transcript: He didn't.... As for the law, the answer claims, in the most cursory fashion, that the 'abuse of power' charge, at least as alleged here, 'fails to state an impeachable offense.'... Even if a statutory crime were required [which it isn't], the House's charge that Trump tried to solicit a personal benefit (Ukraine's announcement of an investigation) in exchange for an official act (releasing the security aid) constitutes bribery, both as understood in the Framers' time and under the federal criminal code today. Above all else, though, what Trump's papers really try to do is to attack the very legitimacy of this impeachment -- and, beyond that, of impeachment generally.... If taken to its logical conclusion, Trump's rhetoric about nullification and subversion of the people's will would mean no president could ever be held to account by impeachment." ~~~

~~~ digby: "Even Trump's lawyers are childish little whiners. If you are curious about the contours of the arguments in the Senate trial you can see from the briefs that have been filed by both sides what they plan to do. The Democrats will present the evidence of Trump's corrupt, self-serving abuse of power and obstruction. The Republicans will shriek about 'unfairness' and claim the whole thing is 'rigged' and a 'charade.'... They are going with the Trump tweet defense: scream 'it's a hoax!', claim it was a perfect phone call and strongarm the GOP Senators behind the scenes. McConnell wants to keep as much of the trial blacked out as he can so that Fox News can interpret the trial in Trump's favor for the cult. And they want to get it over with as quickly as possible." ~~~

     ~~~ Mrs. McCrabbie: In fairness to the lawyers, (a) they're taking dictation from Trump (see above), and (b) they don't have a case. Ergo, they're following the trial lawyers' dictum (attributed to poet Carl Sandburg), "If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell." Trump's lawyers are, in effect, yelling like hell.

Bob Bauer in Lawfare: In his book on impeachment, Alan Dershowitz maintains that "'It is difficult to argue reasonably from the text [of the Constitution] that ... a person can be impeached for anything less than a crime.'..." Moreover, he argues, the impeachable crime must be similar in nature to treason or bribery. Under the Dershowitz view, a president who murdered her spouse would not have committed an impeachable offense. We would have in that instance a crime, and a very serious one, but just not the right type for purposes of impeachment or removal from office.... To use an example supplied by Cass Sunstein in his book on impeachment, the president operating within this exclusion could safely, without constitutional consequence, declare that he would not enforce civil rights laws, or decide to take a year's vacation in Rome."

Isweartagod, Stephen Colbert is just as informative as most news shows:

Joyce Vance in a Washington Post op-ed: "Last week, some Republican senators proposed ... a Republican witness for every one the Democrats are permitted.... The problem is, no such concept of 'witness reciprocity' exists in the U.S. justice system.... In our system, evidence must be relevant to the charges or issues at hand before it can be introduced in a trial.... The rule of relevance ensures that cases are decided based on evidence, not distraction or tricks.... Hunter Biden's ... story is unrelated to whether Trump committed the acts for which he was impeached. Even if Biden behaved corruptly in Ukraine, proof of that would not absolve Trump of charges that he abused his presidential power ... [or] whether the president withheld witnesses and evidence from Congress, obstructing its investigation.... While the John Boltons of this administration can offer relevant, firsthand information regarding Ukraine and the president's conduct and must testify if the proceedings are to have any integrity, the Hunter Bidens of the world cannot." ~~~

~~~ BUT. Plan B. Robert Costa & Rachel Bade of the Washington Post: "President Trump's legal defense team and Senate GOP allies are quietly gaming out contingency plans should Democrats win enough votes to force witnesses to testify in the impeachment trial, including an effort to keep former national security adviser John Bolton from the spotlight, according to multiple officials familiar with the discussions.... One option being discussed, according to a senior administration official, would be to move Bolton's testimony to a classified setting because of national security concerns, ensuring that it is not public.... But ... first, Republicans involved in the discussions said, would come a fierce battle in the courts." ~~~

     ~~~ Mrs. McCrabbie: This effort suggests Trump's lawyers and allies know Bolton has the goods on Trump. If Bolton really wants to get his message out, but Mitch and the gang won't let him, he could release an "excerpt" from his forthcoming book titled, "This Is What I Would Have Testified in the Impeachment Trial." He would not be under oath; he would not be subject to cross-examination, but the word would be out, and GOP Senators would have to live with refusing to allow a through-and-through confederate Republican to provide highly-relevant information in an impeachment trial of the POTUS*. Given that, there is no way the sensible portion of the public would conclude that the Senate trial had "exonerated" Trump.

Consolation Prize: Trump "Personal Warrior" Badge. Anita Kumar & Matthew Choi of Politico: "After excluding House Republicans from his defense team..., Donald Trump announced Monday night that eight of them would serve as his personal warriors. Republican Reps. Doug Collins (Ga.), Mike Johnson (La.), Jim Jordan (Ohio), Debbie Lesko (Ariz.), Mark Meadows (N.C.), John Ratcliffe (Texas), Elise Stefanik (N.Y.) and Lee Zeldin (N.Y.) will 'serve as part of his team working to combat this hyper-partisan and baseless impeachment,' according to a White House news release Monday. The White House didn't specify in its statement what exactly the members would be doing, but one GOP source says they are expected to play a more behind-the-scenes role, with a focus on messaging and strategy."

The Idiot Abroad. Shannon Pettypiece of NBC News: "Trump landed Tuesday morning in Davos, and will speak before a group of executives, financiers and foreign dignitaries at the World Economic Forum just hours before the Senate is set to begin the first full day of his impeachment trial. He is also expected to hold a series of meetings with world leaders over the next two days, where he can respond to the impeachment developments in real time from across the Atlantic Ocean."

Evan Semones of Politico: "Joe Biden's campaign issued a memo to media outlets on Monday warning them against spreading 'false accusations' driven by ... Donald Trump and Republicans against the former vice president. The memo ... says there is 'no evidence' for disproven claims pushed by the president that Biden sidelined a Ukrainian prosecutor who was investigating an energy company that his son, Hunter, held a high-paid position with. Trump pushed ... 'a malicious and conclusively debunked conspiracy theory' about Biden, deputy campaign manager Kate Bedingfield and senior campaign adviser Tony Blinken wrote."

Matthew Choi of Politico: "A majority of Americans want the Senate to convict and remove ... Donald Trump from office, according to a new poll conducted by CNN. Fifty-one percent of respondents to the poll want the Senate to convict Trump on the impeachment charges brought by the House, which would lead to his immediate expulsion from office. Meanwhile, 45 percent of respondents said they don't want to see the president removed. The poll was conducted from Jan. 16-19 and released Monday, on the eve of the Senate impeachment trial, which gets underway Tuesday...."

Impeachment Is Not Enough. Henry Giroux in Salon: "What is often ignored in the mainstream media is that Trump's impeachment battle is part of the wider historical and global struggle taking place over democracy and can be seen, as Larry Diamond points out, in Trump's attack on 'the independence of the courts, the business community, the media, civil society, universities and sensitive state institutions like the civil service, the intelligence agencies and the police.' Trump's crimes far exceed what is stated in the impeachment documents and include not only endless lies, threats and flirtation with extralegal violence but also his attack on the press as the 'enemy of the people.'" Thanks to NJC for the link. (Also linked yesterday.)

Colin Kalmbacher of Law & Crime: "In a three-page letter released late Monday afternoon, [Lev] Parnas's legal team demanded that Attorney General Bill Barr recuse himself from the Southern District of New York's (SDNY) prosecution of their client." The article includes a link to the "innuendo-dripping" letter and outlines some of its most noteworthy claims.

Presidential Race

Meg Kinnard of the AP: "Democratic presidential candidates hit pause on their recent feuds Monday as they walked shoulder to shoulder through the streets of South Carolina's capital city to honor the legacy of Martin Luther King Jr. and rally around their push to defeat ... Donald Trump in November. The truce was illustrated when Bernie Sanders and Elizabeth Warren shook hands at Zion Baptist Church, then linked arms as they marched with the other candidates later in the morning. It was a gesture that didn't materialize last week on a debate stage where the leading progressive candidates sparred over whether Sanders once privately said a woman couldn't be president. Warren declined to shake Sanders' outstretched hand after the debate."

Hey, Big Spender. Maya King of Politico: "Michael Bloomberg's big-spending, shock-and-awe TV ad campaign has made politicking more expensive for everyone from his 2020 rivals to Senate, House and state legislative candidates around the country. Eight weeks into his presidential campaign, Bloomberg has already spent more money on advertising -- $248 million -- than most candidates could spend in years. That amount has squeezed TV ad inventory in nearly every state, lowering supply and causing stations to raise ad prices at a time of high demand, as candidates around the country gear up for their primaries. On average in markets around the country, prices for political TV ads have risen by 20 percent since Bloomberg began his campaign. Meanwhile, some local politicians have already found difficulty trying to reach their own constituencies."

You can read full transcripts of the NYT editorial board's interviews with Democratic candidates here.

Beyond the Beltway

Mrs. McC: According to the WashPo these jamokes from the "Ohio Patriots" attended the Richmond rally. If I were wandering down the street and came upon them, I would not continue window-shopping.

~~~Virginia. Alan Suderman & Sarah Rankin of the AP: "Tens of thousands of gun-rights activists from around the country rallied peacefully at the Virginia Capitol on Monday to protest plans by the state's Democratic leadership to pass gun-control legislation -- a move that has become a key flash point in the national debate over gun violence. The size of the crowd and the expected participation of white supremacists and fringe militia groups raised fears that the state could see a repeat of the violence that exploded in 2017 in Charlottesville. But the rally concluded uneventfully around noon, and the mood was largely festive, with rally-goers chanting 'USA!' and waving signs denouncing Democratic Gov. Ralph Northam. Many protesters chose not to enter the designated rally zone, where Northam had imposed a temporary weapons ban, and instead packed surrounding streets, many dressed in tactical gear and camouflage and carrying military-style rifles as they cheered on the speakers."

The Commentariat -- January 20, 2020

Late Morning/Afternoon Update:

Mrs. McC: According to the WashPo these jamokes from the "Ohio Patriots" attended the Richmond rally. If I were wandering down the street and came upon them, I would not continue window-shopping.The Washington Post liveblogged a gun-rights rally in Richmond, Virginia. The Richmond Times-Dispatch liveblog is here. The rally appears to have come & gone with no major incidents.

Peter Baker & Maggie Haberman of the New York Times: "President Trump's legal team will call on the Senate on Monday to 'swiftly reject' the impeachment charges and acquit him, maintaining that he committed no impeachable offense and has been the victim of an illegitimate partisan effort to take him down. In a lengthy brief to be submitted to the Senate the day before his trial begins in earnest, the president's lawyers plan to make the most sustained argument the White House has advanced since the House opened its impeachment inquiry last fall, contending that the two articles of impeachment approved largely along party lines were constitutionally flawed and set a dangerous precedent. Mr. Trump's lawyers plan to dismiss the largely party-line impeachment by the House as a 'brazenly political act' following a 'rigged process' that should be repudiated by the Senate...." Still vacationing in Florida, Trump tweeted, 'Cryin'; Chuck Schumer is now asking for 'fairness', when he and the Democrat House members worked together to make sure I got ZERO fairness in the House." ~~~

     ~~~ Update. New Lede: "President Trump's legal team called on the Senate on Monday to 'swiftly reject' the impeachment charges and acquit him, arguing that lawmakers would 'permanently weaken the presidency' by removing him from office over what it characterized as policy and political differences. In a 110-page brief submitted to the Senate the day before his trial begins in earnest, the president's lawyers advanced their first sustained legal argument since the House opened its inquiry last fall, contending that the two articles of impeachment approved largely along party lines were constitutionally flawed and set a dangerous precedent." Politico's story is here. The brief, via the White House, is here.

Impeachment Is Not Enough. Henry Giroux in Salon: "What is often ignored in the mainstream media is that Trump's impeachment battle is part of the wider historical and global struggle taking place over democracy and can be seen, as Larry Diamond points out, in Trump's attack on 'the independence of the courts, the business community, the media, civil society, universities and sensitive state institutions like the civil service, the intelligence agencies and the police.' Trump's crimes far exceed what is stated in the impeachment documents and include not only endless lies, threats and flirtation with extralegal violence but also his attack on the press as the 'enemy of the people.'" Thanks to NJC for the link.

Christina Wilkie of CNBC (Jan. 17): "The Trump administration is 'looking at' making changes to a decades-old global anti-bribery law, White House economic advisor Larry Kudlow told reporters on Friday.... The questions about possible changes to the FCPA were sparked by revelations in a soon-to-be-released book about Trump, which describes an episode in which Trump bitterly complained about the law, which he sees as a hindrance to U.S. businesses competing overseas. According to Washington Post reporters Phillip Rucker and Carol Leonnig, in 2017 Trump told his then-Secretary of State Rex Tillerson that it was 'just so unfair that American companies aren't allowed to pay bribes to get business overseas.'" Trump then said he needed Tillerson "to get rid of that law." Tillerson declined, so Trump told Stephen Miller to draft an executive order. Don't know what happened to that, but as Wilkie notes, such an order would be subject to court challenge. "Business experts, however, say the FCPA is a powerful tool for fighting corruption around the world, and a perfect example of American 'soft power,' or the influence that the U.S. exerts simply by virtue of its reputation." Thanks to Ken W. for the link.

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Charles Blow of the New York Times: Dr. Martin Luther King, Jr.'s "evolution, toward a more 'solid realism,' toward the more rational King, toward the more radical King, is why I happen to believe that one of King's most consequential speeches is a little-discussed address he gave in 1967 at Stanford University. It was called 'The Other America.' In it, King blasted 'large segments of white society' for being 'more concerned about tranquillity and the status quo than about justice, equality, and humanity.' He slammed what he called the 'white backlash' for being the cause of black discontent and demands for black power, rather than the result of it, calling it 'merely a new name for an old phenomenon.'"

Meg Kinnard of the AP: "In the closing days before the first votes are cast in the Democratic presidential contest, the party's leading hopefuls are splitting their time between the critical early-voting states South Carolina and Iowa at events celebrating Martin Luther King Jr. Day. While Iowa and New Hampshire Democrats vote first for their nominee, South Carolina's first-in-the-South primary is a crucial proving ground for a candidate's mettle with black voters. The state's showcase holiday celebration, Columbia's King Day at the Dome, is a notable and highly visible event for a Democratic politician. The festivities are marked by a march through the streets of downtown Columbia and a rally at the Statehouse. All the top-tier candidates -- former Vice President Joe Biden, former South Bend, Indiana, Mayor Pete Buttigieg, California businessman Tom Steyer, and Sens. Amy Klobuchar, Bernie Sanders and Elizabeth Warren -- plan to start Monday with prayer services around Columbia. Joining them in the capital are Hawaii Rep. Tulsi Gabbard and former Massachusetts Gov. Deval Patrick." More on the presidential race linked below.

Sharon LaFraniere of the New York Times: "Democrats are intensifying their demands for more testimony and documents that could add to the already voluminous evidence against [Donald Trump] and bolster their case by shedding new light on several key questions..... On Sunday, Representative Adam B. Schiff, the chairman of the House Intelligence Committee and the lead House impeachment manager, said he was concerned that the C.I.A. and the National Security Agency were withholding information about Ukraine out of fear of angering the president." LaFraniere lists & elaborates on key questions that more information, both in the form of testimony & documentation, could answer. ~~~

~~~ Mrs. McCrabbie: Republican Senators continue to argue that House managers are clamoring for witnesses & documents because they "have a weak case." This argument is disingenuous on a number of fronts, most notably of course is that the reason for the "weak case" is that Trump stonewalled the investigation to the max. But Democrats too seldom mention that the stonewalling in fact proves the case for both articles of impeachment: if Trump had not committed impeachable high crimes, he would testify, he would have swamped the House committees with documents, and he would demand his subordinates do the same. In any real trial, the prosecution would have obtained these documents (assuming the perps didn't shred them) & would have deposed pertinent witnesses. Trump has used the power of his office to subvert the course of justice, and his complaints about not receiving "due process" (a Constitutional right that does not apply to impeachments) is beyond ludicrous. ~~~

~~~ John Bresnahan of Politico has a related report on Adam Schiff's assertions, which extend to national security matters other than Ukraine.

Alayna Treene & Jonathan Swan of Axios: "People close to the president say their most compelling argument to persuade nervous Republican senators to vote against calling new witnesses is the claim that they're protecting national security.... Sources close to Trump's legal team have privately expressed confidence that former national security adviser [John] Bolton will ultimately honor Trump's assertion of executive privilege." Mrs. McC: Right. Because national security experts and "experts," who in every other administration testify before Congress on a quasi-regular basis, have no idea how to deflect questions that might, in fact, compromise national security by, say, revealing sources & methods. The usual public answer to compromising questions, I believe, is, "That is something we could only discuss in a classified setting."

Laurence Tribe in a Washington Post op-ed: "The president's lawyers have made the sweeping assertion that the articles of impeachment against President Trump must be dismissed because they fail to allege that he committed a crime -- and are, therefore, as they said in a filing with the Senate, 'constitutionally invalid on their face.' Another of his lawyers, my former Harvard Law School colleague Alan Dershowitz, claiming to represent the Constitution rather than the president as such, makes the backup argument that the articles must be dismissed because neither abuse of power nor obstruction of Congress can count as impeachable offenses. Both of these arguments are baseless. Senators weighing the articles of impeachment shouldn't think that they offer an excuse for not performing their constitutional duty. The argument that only criminal offenses are impeachable has died a thousand deaths in the writings of all the experts on the subject, but it staggers on like a vengeful zombie.... With virtually no federal criminal law in place when the Constitution was written in 1787, any such understanding would have been inconceivable.... Alexander Hamilton in Federalist 65 defined 'high crimes and misdemeanors' as 'those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.'" Tribe goes on to demolish Dershowitz's argument, which is founded on gross misrepresentations of historical facts. ~~~

~~~ MEANWHILE, this ABC News report states Dershowitz's argument without attempting to refute it or report any refutations others might have made. Mrs. McC: In reviewing the transcript of George Stephanopoulos' interview of Dershowitz, it's clear that viewers of ABC's "This Week" also heard Dershowitz's fake argument with no pushback from Stephanopoulos, who -- in fairness -- can't be expected to know the details of Andrew Johnson's impeachment. He can be expected, however, to invite a guest -- like Larry Tribe -- who does have the knowledge to counter Dershowitz's false claims. This, obviously, is how Trump-Dershowitz get to poison the public -- i.e., the November jurors -- with false defenses of Trump.

Mrs. McCrabbie: It appears that Trump's "defense" is to give senators a grabbag of fake excuses to pretend they considered the "facts" and duly rejected actual evidence presented by House managers. It will work. And do count on the fakiest faker of them all, Susan Collins, to latch onto one or more of these bogus defenses as she casts her vote against removing Trump from office.

The Reluctant Advocate. Vicky Ward & Chandelis Duster of CNN: "Alan Dershowitz ... said Sunday the President had to call his wife, Carolyn Cohen, to persuade her to support the idea of Dershowitz making the case for 'the Constitution' in the Senate impeachment trial.... Trump was especially fixated on having controversial defense attorney Dershowitz on the legal team. But Dershowitz has been telling his own associates he didn't want to participate in the President's trial, a source who is familiar with these conversations told CNN. White House officials have applied a lot of pressure over the last several weeks to convince Dershowitz to join the team, sources familiar with the attorney's appointment said. Dershowitz has distanced himself from the Trump legal team and earlier Sunday, he told CNN's Brianna Keilar on 'State of the Union' he would not be involved in the day-to-day with the legal team -- noting that he will just be there to argue the specific issue of constitutional criteria for impeachment, making 'what could be the most important argument on the floor.'

The Impartial Juror, Ctd. Eleanor Mueller of Politico: "... Donald Trump's personal attorney, Rudy Giuliani, who's reported to have played a central role in trying to convince Ukraine to investigate a Trump political rival, is' not relevant' to the Senate impeachment trial, Sen. John Cornyn said Sunday. 'That's a relationship that causes some of us to sort of scratch our heads,' the Texas Republican said on CBS's 'Face the Nation.' 'But I'd say he's not relevant to the articles and what the Senate is going to be asked to do, impeaching a president for the third time in American history for a non-crime over events that never occurred."

George Conway in a Washington Post op-ed: "This is what happens when you don't pay your legal bills .... -- which is part of the reason [Trump] found the need to make some curious last-minute tweaks to his team, announcing the addition of the legal odd couple of Alan Dershowitz and Kenneth W. Starr.... There was the fact that he would be an erratic client who'd never take reasonable direction -- direction as in shut up and stop tweeting.... That left Trump to be personally defended in the Mueller investigation by a random patchwork of counsel, including Jay Sekulow, a lawyer specializing in religious liberty cases, and John Dowd, a Washington solo practitioner who, according to Bob Woodward, viewed Trump as a 'f---ing liar.' (Dowd denies that [Ms. McC: which I supposed makes Dowd a fucking liar, too].) Last but not least, Trump had the assistance of Rudolph W. Giuliani -- who has done more than anyone other than Trump himself to get Trump impeached." Read on if you have a WashPo subscription; Conway really knocks Dershowitz & Starr.

Jonathan Chait: Saturday, "in response to a detailed 111-page brief outlining the House of Representatives' case for impeachment, President Trump's legal time filed a six-page response. It is notable primarily for advancing an audacious and highly dangerous constitutional claim: that a president cannot be impeached for any abuse of power.... According to its reasoning, a president can only be impeached for a literal criminal violation.... The first problem with this argument is that it rests on incorrect facts.... Last Thursday, the Government Accountability Office formally ruled that withholding the aid did violate the law.... Second..., there is no evidence that impeachment was designed to deal solely with violations of federal law.... Finally, as a constitutional principle, the notion ... would turn impeachment into a ludicrously ill-fitting solution for the problem it was designed to solve. It implies Trump could not be impeached for promising to pardon anybody who murdered his political rivals, but could be impeached if he resold a mattress that was missing its tags.... Trump believes profoundly that a president can use the government exactly as he sees fit. In his mind, 'abuse of power' is an oxymoron.... And now the authoritarian conviction that Trump believes as a matter of instinct has been sanctified as a formal legal theory, endorsed by presidential lawyers."

Ha Ha, Just Kidding! Jon Swaine of the Washington Post: "A Dutch supporter of President Trump said Saturday that he supplied a Republican candidate with purported intelligence on the movements of the U.S. ambassador to Ukraine last year, taking responsibility for text messages that raised concerns the diplomat was placed under surveillance. But the supporter, Anthony De Caluwe, said in a statement that he was not involved in any surveillance of then-Ambassador Marie Yovanovitch, and that the messages were merely 'ridiculous banter' with the congressional candidate, Robert F. Hyde, who in recent days became entangled in the impeachment case against Trump. 'My engagement in this exchange with Rob is something that has no credibility,' De Caluwe said in the statement, which was emailed to The Washington Post by a spokeswoman. The spokeswoman, Karyn Turk, said that De Caluwe had never been to Ukraine and had no contacts in the country." (Also linked yesterday.)

David Lynch of the Washington Post: "Standing against a backdrop of Chinese and American flags, President Trump welcomed by name a roster of corporate executives and Wall Street bankers to the signing of his landmark trade deal with Beijing.... It illustrated how a president who once railed against financial industry greed and vowed to remake the Republican Party as a 'workers' party' has prioritized corporate America's desires. Trump's high-profile China deal celebration included billionaire Stephen Schwarzman, a private equity investor; Sheldon Adelson, whose company owns casinos in the Chinese territory of Macau; and Hank Greenberg, the former head of American International Group. Numerous representatives of companies like Honeywell and Boeing that have outsourced jobs to China in recent years joined them, but no representatives of organized labor attended. 'There is precious little in this deal that addresses China's long-standing denial of basic labor rights,' said Richard Trumka, the president of the AFL-CIO. 'It is another big giveaway to Wall Street and Big Pharma and prioritizes new protections for companies that move to China, creating even more incentives for outsourcing.'"

** Joseph Stiglitz, in Common Dreams, republished in RawStory: "It is becoming conventional wisdom that US President Donald Trump will be tough to beat in November, because, whatever reservations about him voters may have, he has been good for the American economy. Nothing could be further from the truth.... In fact, US economic performance over the past four years is Exhibit A in the indictment against relying on these indicators [of GDP and the stock market].... US life expectancy, already relatively low, fell in each of the first two years of Trump's presidency, and in 2017, midlife mortality reached its highest rate since World War II.... Millions have lost their [healthcare] coverage, and the uninsured rate has risen, in just two years, from 10.9% to 13.7%.... In 2017 ... [deaths of despair, caused by alcohol, drug overdoses, and suicide] stood at almost four times their 1999 level.... If fully implemented, the 2017 tax cut will result in tax increases for most households in the second, third, and fourth income quintiles.... Making matters worse, the growth that has occurred is not environmentally sustainable[.]" --s (Also linked yesterday.) ~~~

     ~~~ Mrs. McCrabbie: Stiglitz, a Nobel laureate in economics, is formerly chair of the President's Council of Economic Advisors.

** William Saletan of Slate: "It's hard to keep up with ... Donald Trump's scandals. One day he's covering up taxpayer-funded travel expenses for his family. The next, he's stealing money for his border wall. The next, he's being implicated by an accomplice in the extortion of Ukraine. But one horror is right out in the open: Trump is a remorseless advocate of crimes against humanity. His latest threats against Iran, Iraq, and Syria are a reminder that he's as ruthless as any foreign dictator. He's just more constrained.... But Trump's election and his persistent approval from more than 40 percent of Americans are a reminder that nothing in our national character protects us from becoming a rapacious, authoritarian country. What protects us are institutions that stop us from doing our worst." --s (Also linked yesterday.)

~~~ Glenn Kessler, et al., of the Washington Post: "Three years after taking the oath of office, President Trump has made more than 16,200 false or misleading claims.... We started this project as part of our coverage of the president's first 100 days, largely because we could not possibly keep up with the pace and volume of the president's misstatements.... In 2017, Trump made 1,999 false or misleading claims. In 2018, he added 5,689 more, for a total of 7,688. And in 2019, he made 8,155 suspect claims.... He averaged six such claims a day in 2017, nearly 16 a day in 2018 and more than 22 in 2019.... The president added to his total on Sunday evening with more than 20 Trumpian claims -- many old favorites -- during a triumphant speech at the annual conference of the American Farm Bureau. He incorrectly described trade agreements -- suggesting Canadian dairy tariffs were eliminated and an agreement with Japan to reduce tariffs on $7 billion of farm products was 'a $40 billion deal' -- and also falsely asserted that 'tough' farmers and ranchers were crying as he signed a repeal of Obama-era regulations. A video of the event shows no one crying."

Everything Is Going Very Smoothly. Josh Lederman, et al., of NBC News: "The top White House official responsible for Russia and Europe has been put on indefinite administrative leave amid a security-related investigation, two U.S. officials and a former U.S. official said. The official, Andrew Peek, who took over the Russia portfolio at the National Security Council in November, had been scheduled to join ... Donald Trump at the World Economic Forum in Davos, Switzerland, this week before he was abruptly put on leave, one of the officials said. The officials declined to specify the nature of the investigation.... Peek, whose background is in Middle East affairs, took over the Russia and Europe portfolio from Tim Morrison, who was a key witness in House hearings on Trump's impeachment. The Russia and Europe role is the same one that was previously occupied by Fiona Hill, another key impeachment witness during last year's hearings." ~~~

~~~ Deb Reichmann of the AP: "Andrew Peek was escorted off the White House compound on Friday, according to one of those familiar with his departure."

Presidential Race

** New York Times Editors endorse Elizabeth Warren & Amy Klobuchar for Democratic presidential nominee -- and president. Mrs. McC: This makes me feel pretty smart, as several weeks back I narrowed my choice to these two candidates, too. I've about decided on Warren, but I have a few weeks to change my mind. If you intend to vote in a Democratic primary, you probably should read this piece -- even if you've already decided on another candidate. ~~~

~~~ Lisa Lerer of the New York Times: "The New York Times editorial board endorsed the two leading female candidates for the Democratic Party's presidential nomination on Sunday, throwing its support behind Senator Amy Klobuchar of Minnesota and Senator Elizabeth Warren of Massachusetts. The board's decision to back not one but two candidates is a significant break with convention, one that it says is meant to address the 'realist' and 'radical' models being presented to voters by the 2020 Democratic field. While arguing that President Trump must be defeated, the board does not take a position on the best path forward for Democrats, writing that both approaches 'warrant serious consideration.' (The editorial board is separate from the New York Times newsroom.)"

Beyond the Beltway

Alan Suderman & Sarah Rankin of the AP: "Virginia's capital city is bracing for the expected arrival of thousands of gun-rights activists and other groups that have vowed to descend on Richmond to protest Democrats' plans to pass gun-control legislation. Gov. Ralph Northam declared a temporary state of emergency days ahead of Monday's rally, banning all weapons including guns from the event on Capitol Square. Militia groups and white supremacists were among those expected to mix with gun-rights activists, raising fears the state could again see the type of violence that exploded in Charlottesville in 2017." ~~~

~~~ Mrs. McCrabbie: If we had a normal president, we would expect him or her to offer assistance or at least support safe conditions in a fraught situation. BUT. Ben Kesslen of NBC News: "Some saw ... Donald Trump's tweet Friday, saying 'Your 2nd Amendment is under very serious attack in the Great Commonwealth of Virginia,' as a call to join Monday's rally." Maybe that's what "some" saw; I see it as an effort to cause mayhem and possible injury or loss of life. He's itching to make another "good people on both sides" speech in an election year to get out the neo-Nazi vote. ~~~

~~~ Lois Beckett of the Guardian: "Anti-fascist activists will not mount a counter-protest at a gun rights rally at Virginia's state capitol on Monday that is expected to attract thousands, including white supremacists and anti-government militia groups. Anti-fascists from Richmond and Charlottesville publicly advised supporters to avoid the rally altogether, citing serious safety concerns. Molly Conger, a journalist and activist, told the Guardian activists in Charlottesville had agreed to encourage supporters to stay away."

Way Beyond

China. Reuters: "China is stepping up restrictions on the production, sale and use of single-use plastic products, according to the state planner, as it seeks to tackle one of the country's biggest environmental problems.... The United Nations has identified single-use plastics as one of the world's biggest environmental challenges.... [P]lastic bags would be banned in all of China's major cities by the end of 2020 and banned in all cities and towns in 2022." --s (Also linked yesterday.)

Ukraine. Anton Troianovski of the New York Times: "President Volodymyr Zelensky, a comedian, sitcom star and political neophyte, catapulted to the presidency of Ukraine last spring on a promise of sweeping away the country's shadowy web of money and influence. Now, as Mr. Zelensky faces pressure to deliver on his promises, he is finding that actually bringing the corrupt officials and oligarchs to heel is a lot harder than satirizing them on his former TV show, 'Servant of the People.'... Further complicating an already daunting task, Mr. Zelensky has been forced to deal with the fallout from the Trump administration's pressure campaign in Ukraine...." (Also linked yesterday.)

News Ledes

AP: "Police in Kansas City, Missouri, say at least two people are dead and 15 people were reportedly injured in a shooting outside a bar. The shooting took place shortly before midnight Sunday, Kansas City police said at the scene. Capt. David Jackson told news outlets at the scene that responding officers found 'a chaotic scene' and had to call in help from around the city. A man and a woman were found dead. Police believe the shooter is the deceased man, Jackson said in a statement. A spokesman said the shooter opened fire on a line of people waiting to enter a bar, but the motive for the shooting wasn't immediately clear. The shooter was shot by an armed security guard, police said."

AP: "The search for a suspect continued Sunday night after two people were killed and five others were injured following a shooting during a concert at a San Antonio club, Texas authorities said. Police said officers were called shortly after 8 p.m. Sunday to the Ventura, a music venue and bar located along the Museum Reach portion of the San Antonio River Walk. An argument broke out inside of the club and one person pulled out a gun and started shooting, San Antonio Police Chief William McManus said. One victim died at the scene, and another six were transported to a hospital, where one was pronounced dead shortly after arrival."

AP: "A Hawaii man with a history of run-ins with police and neighbors was facing eviction when he stabbed his landlord and killed two officers before the house he and two women were believed to be in burned, authorities and neighbors said Sunday. Police responding to a call for help found a woman who had been stabbed in the leg and resident Jaroslav 'Jerry' Hanel, in his 60s, opened fire, killing Officers Tiffany Enriquez, a seven-year veteran, and Kaulike Kalama, a nine-year veteran, Honolulu Police Chief Susan Ballard said. Police suspect he and two women were inside the house when it caught fire, and Ballard said it could take days for authorities to process evidence and recover any remains."

The Commentariat -- January 19, 2020

Late Morning Update:

Ha Ha, Just Kidding! Jon Swaine of the Washington Post: "A Dutch supporter of President Trump said Saturday that he supplied a Republican candidate with purported intelligence on the movements of the U.S. ambassador to Ukraine last year, taking responsibility for text messages that raised concerns the diplomat was placed under surveillance. But the supporter, Anthony De Caluwe, said in a statement that he was not involved in any surveillance of then-Ambassador Marie Yovanovitch, and that the messages were merely 'ridiculous banter' with the congressional candidate, Robert F. Hyde, who in recent days became entangled in the impeachment case against Trump. 'My engagement in this exchange with Rob is something that has no credibility,' De Caluwe said in the statement, which was emailed to The Washington Post by a spokeswoman. The spokeswoman, Karyn Turk, said that De Caluwe had never been to Ukraine and had no contacts in the country."

** Joseph Stiglitz, in Common Dreams, republished in RawStory: "It is becoming conventional wisdom that US President Donald Trump will be tough to beat in November, because, whatever reservations about him voters may have, he has been good for the American economy. Nothing could be further from the truth.... In fact, US economic performance over the past four years is Exhibit A in the indictment against relying on these indicators [of GDP and the stock market].... US life expectancy, already relatively low, fell in each of the first two years of Trump's presidency, and in 2017, midlife mortality reached its highest rate since World War II...Millions have lost their [healthcare] coverage, and the uninsured rate has risen, in just two years, from 10.9% to 13.7%.... In 2017 ... [deaths of despair, caused by alcohol, drug overdoses, and suicide] stood at almost four times their 1999 level.... If fully implemented, the 2017 tax cut will result in tax increases for most households in the second, third, and fourth income quintiles.... Making matters worse, the growth that has occurred is not environmentally sustainable[.]" --s ~~~

     ~~~ Mrs. McCrabbie: Stiglitz, a Nobel laureate in economics, is formerly chair of the President's Council of Economic Advisors.

** William Saletan of Slate: "It's hard to keep up with ... Donald Trump's scandals. One day he's covering up taxpayer-funded travel expenses for his family. The next, he's stealing money for his border wall. The next, he's being implicated by an accomplice in the extortion of Ukraine. But one horror is right out in the open: Trump is a remorseless advocate of crimes against humanity. His latest threats against Iran, Iraq, and Syria are a reminder that he's a ruthless as any foreign dictator. He's just more constrained.... But Trump's election and his persistent approval from more than 40 percent of Americans are a reminder that nothing in our national character protects us from becoming a rapacious, authoritarian country. What protects us are institutions that stop us from doing our worst." --s

Anton Troianovski of the New York Times: "President Volodymyr Zelensky, a comedian, sitcom star and political neophyte, catapulted to the presidency of Ukraine last spring on a promise of sweeping away the country's shadowy web of money and influence. Now, as Mr. Zelensky faces pressure to deliver on his promises, he is finding that actually bringing the corrupt officials and oligarchs to heel is a lot harder than satirizing them on his former TV show, 'Servant of the People.'... Further complicating an already daunting task, Mr. Zelensky has been forced to deal with the fallout from the Trump administration's pressure campaign in Ukraine...."

Reuters: "China ;is stepping up restrictions on the production, sale and use of single-use plastic products, according to the state planner, as it seeks to tackle one of the country's biggest environmental problems.... The United Nations has identified single-use plastics as one of the world's biggest environmental challenges.... [P]lastic bags would be banned in all of China's major cities by the end of 2020 and banned in all cities and towns in 2022." --s

~~~~~~~~~~

Michael Shear & Nicholas Fandos of the New York Times: "President Trump's legal defense team forcefully denied on Saturday that he abused his power by pressuring a foreign government to investigate his political rivals, making Mr. Trump's first formal response to two impeachment charges at the center of the Senate trial that begins next week. The defiant rejection of the accusations came in response to an official summons issued last week by the Senate, notifying Mr. Trump that he faces removal from office if he is convicted. In the six-page letter, his legal team denounced the impeachment case brought by House Democrats as illegitimate, driven by malice toward him and lacking a factual basis. The president's lawyers did not deny any of the core facts underlying Democrats' charges, conceding what ample evidence has shown, that he withheld $391 million from Ukraine and asked the country's president to investigate former Vice President Joseph R. Biden Jr. and his son, Hunter. But they said Mr. Trump broke no laws and was acting entirely appropriately and within his powers when he did so, echoing the president's repeated protestations of his own innocence. They argued that Mr. Trump was not seeking political advantage, but working to root out corruption in Ukraine. ~~~

~~~ "Mr. Trump's response came shortly after the House impeachment managers formally outlined their case for Mr. Trump's removal from office, arguing in a lengthy legal filing that the Senate should convict him for abuse of power and obstruction of Congress. In the 46-page trial memorandum, the House impeachment managers asserted that beginning in the spring, Mr. Trump undertook a corrupt campaign to push Ukraine to publicly announce investigations of his political rivals, withholding as leverage nearly $400 million in military aid and a White House meeting. He then sought to conceal those actions from Congress, they said, refusing to cooperate with a House impeachment inquiry and ordering administration officials not to testify or turn over documents requested by investigators." ~~~

~~~ Darren Samuelsohn, et al., of Politico: "... Donald Trump launched his first formal attack on the House's effort to remove him from office on Saturday, calling the Democrats' impeachment case against him fatally flawed and 'constitutionally invalid' while blasting the effort as a political hit job by his adversaries. 'This is a brazen and unlawful attempt to overturn the results of the 2016 election and interfere with the 2020 election,' Trump's lawyers argued in a six-page response filed with the Senate....

"The House managers in their own opening 111-page trial brief featured a slate of evidence that has emerged in the month since the House impeached Trump on Dec. 18.... Among the new evidence the House will rely upon: a Government Accountability Office report that found Trump illegally withheld military aid from Ukraine when he failed to notify Congress of the move.... The brief also cites emails recently unearthed by national security publication Just Security, indicating the legal turmoil that Trump's hold on military aid caused inside his administration. Democrats' argument also includes one reference to Lev Parnas, the indicted associate of Trump's personal lawyer Rudy Giuliani, who turned over multiple flash drives containing evidence to the House in recent days." The article includes a reproduction of Trump's "Answer" to the charges.

Jim Acosta & Pamela Brown of CNN: "Donald Trump has appeared 'distracted' by the impeachment trial that begins on Tuesday, according to a source close to the White House who speaks to the President regularly. 'Why are they doing this to me,' the source quoted Trump as saying repeatedly, telling people around him Friday night at Mar-a-Lago that he 'can't understand why he is impeached.' Trump has been telling associates and allies around him that he wanted a 'high profile' legal team that can perform on television, the source said."

Things Fall Apart, the Senate Cannot Hold. Jonathan Chait: "By seizing on tiny gaps in the evidentiary record -- gaps that existed because Trump refused to release any testimony or documents -- [Republican Senators] denied Trump had withheld a meeting and military aid from Ukraine in order to force investigations. Since then, evidence, some pried loose by lawsuits, has dismantled those defenses. A batch of emails released in late December showed the Office of Management and Budget ordered a freeze on aid almost immediately after Trump's phone call with Ukraine's president. Then, in January, another tranche of emails found the Defense Department raising concerns about the freeze's legality. Weeks later, the Government Accountability Office deemed the freeze illegal, making moot the defense that Trump hadn't technically violated laws.... The most explosive revelations came from a trove of documents turned over by Lev Parnas, a small-time hustler who was recruited by Rudy Giuliani to help run Trump's extortion scheme." Read on. Chait does a nice job of distilling the meaning from the Parnas docs.

Franklin Foer of the Atlantic on how Lev Parnas's allegations bring the Ukraine scandal closer to the Kremlin by invoking Dmytro Firtash, the Ukrainian oligarch who represents Russian interests in Ukraine & -- tho he denies it -- is tied "to the gangster Semion Mogilevich, one of the region's most important Mafia bosses, a man the FBI placed on its Ten Most Wanted Fugitives list." Firtash himself is fighting extradition to the U.S. on bribery charges. Firtash bankrolled the Three Stooges' efforts to get dirt on Biden and, in return, Rudy Giuliani may have pleaded Firtash's case to Bill Barr. Firtash has despised Joe Biden since 2014 when then-veep Biden "promoted an anti-corruption agenda that included liberating Ukraine's energy sector from Firtash’s dominance." ~~~

     ~~~ Mrs. McCrabbie: My own conspiracy theory is that the whole Ukraine-meddling scheme was a tiny piece of Trump's desire to get in on the millions or billions of dollars to be had through corrupt Kremlin-related schemes. Getting "dirt on Biden" may have been of less interest to him than it was to Firtash, to Putin or to whoever else Trump was hoping would welcome him into the Kremlin's circle of corruption & give him a piece of the pie. This is why Trump can't grasp why he's being impeached: his true motives are different from what the Articles of Impeachment allege. He's in it for the money. Lots of money.

Breakfast at Cipriani's. Mrs. Bea McCrabbie: Although Donald Trump repeatedly asserts he doesn't know Lev Parnas and has never spoken to him, it has become clear these are lies. There are of course all those two-shots of Trump and Parnas that keep cropping up. But Trump is right that a high-profile person doesn't necessarily "know" many of the people with whom he appears in posed photos. But besides Lev's assertions in his interviews this week, Lev brought receipts. For instance, his day calendar includes a September 2019 entry, "Breakfast with President Trump in NYC." According to Joy Reid of MSNBC, Trump's official schedule showed he had a breakfast at Cipriani's NYC the same day at about the same time. NBC News notes that the breakfast took place "just days before Parnas was indicted." Could Lev have consulted Trump's schedule, then penciled in the breakfast after the fact? Maybe. Also is the latest docudump of Lev's files, there a photo of some other event in which printed place cards for "President Donald Trump" and "Lev Parnas" are placed next to each other at a table. Could Lev have mocked up the table setting? Possibly. But I doubt it. (Also linked yesterday.)

** Maureen Dowd of the New York Times: "Trump's ascent does not make it harder for women to ascend -- just the opposite.... Trump is once more doing his part to energize women voters. On Friday, we learned that the president will get help from Starr and Dershowitz for the impeachment trial in the Senate.... After playing an avenging Javert about foreplay in the Oval, Starr will now do his utmost to prove that a real abuse of power undermining Congress and American foreign policy is piffle. In 2007, he defended Jeffrey Epstein. By 2016, Starr was being ousted as president of Baptist Baylor University for failing to protect women and looking the other way when football players were accused and sometimes convicted of sexual assaults. In other words, he's a complete partisan hack.... And then there's Dershowitz, whose past clients have included such sterling fellows as Epstein, Claus von Bülow, O.J. Simpson and Harvey Weinstein.... Dershowitz has put himself on the side of an impressive pantheon of villainy in the realm of violence against girls and women."

Edward Moreno of the Hill: "Former Deputy Attorney General Rod Rosenstein said he made the call to release to the media hundreds of text messages between two high-ranking FBI employees after they criticized then-candidate Donald Trump during the 2016 presidential race, according to new court filings the Justice Department released late Friday night. In the messages, FBI agent Peter Strzok and FBI attorney Lisa Page insulted Trump as well as Sen. Bernie Sanders (I-Vt.), expressing a preference for Hillary Clinton in the election. The messages, which were exchanged on government cellphones, also revealed that the two were engaged in an extramarital affair, which has made them the subject of public harassment as well as ridicule from the president.... Strzok and Page filed separate lawsuits against the Department of Justice (DOJ) last year, alleging that the release of their text messages violated the Privacy Act.... In the court filing Friday..., Rosenstein said he decided to release the messages because they would inevitably become public after his testimony before the House Judiciary Committee during the Mueller investigation. He said he also wanted to ensure they weren't 'cherry-picked' by members of the committee." (Also linked yesterday.)

Colby Itkowitz & David Fahrenthold of the Washington Post: "President Trump delivered a dramatic account of the airstrike that killed Iranian Maj. Gen. Qasem Soleimani, joked that he doesn't care if construction projects kill all the rattlesnakes and noted his indifference to the budget during a private dinner with deep-pocketed donors Friday night at Mar-a-Lago, according to audio files obtained by The Washington Post." A CNN story on Trump's remarks at the fundraiser is linked in yesterday's Commentariat.

Maria Cramer of the New York Times: "The National Archives and Records Administration ... apologized on Saturday for altering a photo of protesters at the 2017 Women's March that blurred out references critical of President Trump. 'We made a mistake,' began a statement the archives released on Saturday. The photo of protesters holding signs was part of an exhibit ... which examined the struggle of women to gain the right to vote.... Initially, in a statement to The [Washington] Post, an archives spokeswoman defended the decision.... By Saturday afternoon, three museum officials were seen turning around the photo display.... The display was [then] positioned so that only a blank canvas could be seen. Officials then posted a statement to the public that also apologized for the alterations.... The controversy unfolded as tens of thousands of women gathered in Washington and other cities on Saturday for the fourth Women's March." See also yesterday's Commentariat for context. The Washington Post's story of the Archives' apology is here. An AP story is here. ~~~

~~~ Philip Kennicott of the Washington Post -- a man who gets it: In "... blurring out details from protest signs in an image of the 2017 Women's March, including the name of President Trump and references to the female anatomy -- a decision the Archives publicly apologized for on Saturday -- is egregious for multiple reasons.... The Women's March ... was a march for equality, dignity and fair treatment. For many who attended, those issues were newly urgent given the man who had been inaugurated the day before. Many of the signs at the march were directed at Trump's denigrating language, his cavalier comments about groping and kissing women without their consent, his support for denying them the right to control their own bodies and the many accusations of harassment and assault.... Inequality, for women today, is ... something understood directly through their bodies.... Thus, scrubbing out references to women's anatomy in the image was ... censorship of the fundamental message of the Women's March."

Lynn Berry of the AP: "Thousands gathered in cities across the country Saturday as part of the nationwide Women's March rallies focused on issues such as climate change, pay equity, reproductive rights and immigration. Hundreds showed up in New York City and thousands in Washington, D.C. for the rallies, which aim to harness the political power of women, although crowds were noticeably smaller than in previous years. Marches were scheduled Saturday in more than 180 cities."

William Cole of the Honolulu Star-Advertiser: "On Martin Luther King Jr. Day, Monday, at Pearl Harbor, the Navy is expected to announce that a $12.5 billion aircraft carrier will be named after Mess Attendant 2nd Class Doris Miller, the first African American to receive the Navy Cross for valor for his actions on Dec. 7, 1941, when he manned a machine gun on the USS West Virginia to fire back at attacking Japanese planes.... In 1941 an African American was not allowed to man a gun in the Navy, and as far as rank was concerned, 'he could not really get above a messman level,' [Doreen] Ravenscroft[, president of Cultural Arts of Waco (Texas),] said. Miller's actions started to turn the tide, she added. 'Without him really knowing, he actually was a part of the civil rights movement because he changed the thinking in the Navy,' Ravenscroft said Friday.... Miller died on [an escort carrier] when it was torpedoed by a Japanese submarine on Nov. 24, 1943, during the invasion of the Gilbert Islands, according to the Navy."

Shane Dixon Kavanaugh of The Oregonian: "The FBI believes the Saudi Arabian government 'almost certainly' helps its citizens flee the country after they are accused of serious crimes, 'undermining the US judicial process,' according to a newly declassified document obtained by The Oregonian/OregonLive. The surreptitious action is done, in part, to spare the wealthy Persian Gulf kingdom embarrassment, the FBI said. Intelligence officials believe the flights from justice will continue without intervention by the American authorities." --s (Also linked yesterday.)

Sex, Lies, But No Videotape. Carol Rosenberg of the New York Times & the Pulitzer Center on the mysterious death of a Marine at Guantánamo Bay. The naval base's commander was involved, has been removed from his post and was convicted of six charges related to the incident in a civilian federal court. The Navy never brought charges against him. Mrs. McC: There's no indication in the story that the commanding officer murdered the Marine, nor was that a subject of the trial, but it does give you an idea that the Navy is willing to let slide some pretty bad behavior. That makes Donald Trump's pardons of four servicemen whom the services did bring charges against look all the worse.

Beyond the Beltway

Puerto Rico. Audrey McNamara of CBS News: "Puerto Rico Governor Wanda Vázquez Garced fired the island's emergency management director on Saturday, after a video showing aid sitting unused in a warehouse went viral on social media. Some of the aid has allegedly been sitting in the warehouse since Hurricane Maria struck in 2017.... Garced said in a statement that she has ordered Secretary of State Elmer Roman to conduct a 'thorough investigation into the mishandling of emergency aid in a warehouse in Ponce.'..."

Way Beyond

U.K. BBC News: "Prince Harry and Meghan will no longer use their HRH titles and will not receive public funds for royal duties, Buckingham Palace has said. The Duke and Duchess of Sussex also said they intend to repay £2.4m of taxpayer money for the refurbishment of Frogmore Cottage, which will remain their UK family home. The couple will also no longer formally represent The Queen. The new arrangement will come into effect in spring this year. It comes after the couple earlier this month said they wanted to step back as senior royals. A statement from the Queen said following 'many months of conversations and more recent discussions' she was 'pleased that together we have found a constructive and supportive way forward for my grandson and his family'. 'Harry, Meghan and Archie will always be much loved members of my family,' the statement continued." (Also linked yesterday.) ~~~

~~~ Marrying an American Woman Can Be Hazardous to Your Royal Title. Mark Landler of the New York Times: "However civil, the agreement codifies one of the most dramatic ruptures within the British royal family since King Edward VIII abdicated the throne in 1936 to marry an American woman, Wallis Simpson. It is a spectacle that has enthralled and divided Britain, overshadowing even the country's impending departure from the European Union, and provoking conversations around the world about race, privilege and tradition.... The couple plan to spend a majority of their time outside Britain, initially in Canada but later likely in the United States as well, according to officials at the palace."

Venezuela. Anthony Faiola of the Washington Post: "Venezuelan President Nicolás Maduro cast himself as the wily survivor of a dramatic, year-long struggle by the opposition at home and its allies in Washington to unseat him, and said it's now time for direct negotiations with the United States to end the political stalemate that has crippled this nation of some 30 million. In an exclusive, extensive interview with The Washington Post -- his first with a major U.S. media outlet since the day last February he abruptly pulled the plug on a Univision taping and ejected its journalists from the country -- an exuberant Maduro said he had outfoxed his opponents in Caracas and Washington, is comfortably in charge and ready to talk."