The Commentariat -- September 19, 2017
Afternoon Update:
Trump: "An Embarrassment to the United States." David Nakamura & Anne Gearan of the Washington Post: "President Trump warned the United Nations in a speech Tuesday that the world faces 'great peril' from rogue regimes with powerful weapons and terrorists with expanding reach across the globe, and called on fellow leaders to join the United States in the fight to defeat what he called failed or murderous ideologies and 'loser terrorists.'... Trump offered a hand to fellow leaders but also called on them to embrace 'national sovereignty' and to do more to ensure the prosperity and security of their own countries. Over and over, he stressed the rights and roles of 'strong, sovereign nations' even as they band together at the United Nations.... Trump also called the U.N.-backed Iran nuclear deal 'one of the worst and most one-sided' agreements ever, and 'an embarrassment' to the United States. His voice rising, Trump strongly hinted that his administration could soon declare Tehran out of compliance. That could potentially unravel the accord." ...
... Greg Jaffe & Karen DeYoung of the Washington Post: "Trump was selective in his view of bad actors -- North Korea, Iran, Cuba, Syria and Venezuela -- whose sovereignty should not be respected. He made little mention of China or Russia, congratulating both on their recent U.N. vote for more sanctions, and offered a glancing mention of Ukraine.... In a puzzling attack against communism and socialism, Trump limited his criticisms to Cuba and Venezuela, ignoring China, the world's communist behemoth.... The speech was animated by a bellicosity and swagger that is unusual for the world body.... He said that if the United States was compelled to defend itself or its allies that it would obliterate North Korea, a policy articulated by earlier administrations, albeit not in such Strangelovian terms.... [Mrs. McC: Get ready to LOL.] In previewing the speech for reporters, one senior White House aide described it as 'a deeply philosophical address.'..." Roll over, John Locke.
Sean Sullivan, et al., of the Washington Post: "The suddenly resurgent Republican effort to undo the Affordable Care Act was dealt a major blow on Tuesday when a bipartisan group of governors came out against a proposal gaining steam in the Senate. But it was unclear whether it would ultimately derail the attempt, as key Republican senators including Lisa Murkowski of Alaska said they had yet to make up their minds. The collective criticism from 10 governors arrived as Vice President Pence and Senate Majority Leader Mitch McConnell tried to rally support for the bill.... 'We ask you not to consider the Graham-Cassidy-Heller-Johnson amendment and renew support for bipartisan efforts to make health care more available and affordable for all Americans,' the governors said in their letter. They added that they prefer a bipartisan push to stabilize the insurance marketplaces that Sen. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.) have been negotiating. The governors who signed the bill are particularly notable, since some are from states represented by Republican senators who are weighing whether to back the bill. Among them: Alaska Gov. Bill Walker (I), who holds some sway over Murkowski, a potentially decisive vote who opposed a previous Republican effort to repeal and replace the Affordable Care Act."
Nicholas Fandos & Matt Apuzzo of the New York Times: "The Senate Intelligence Committee on Tuesday abruptly postponed an interview with President Trump's longtime lawyer, Michael D. Cohen, shortly after the publication of his opening statement, which asserted his innocence and defended the president. Mr. Cohen was prepared to tell the committee's investigators that the president's critics were using rumors and innuendo about Russian interference in the election in an attempt to undercut Mr. Trump's presidency. But senators shut down the closed-door hearing, accusing Mr. Cohen of 'releasing a public statement' despite 'requests that he refrain from public comment.'... The senior members of the committee, Senators Richard M. Burr, Republican of North Carolina, and Mark Warner, Democrat of Virginia, issued a statement saying that they would reschedule Mr. Cohen's appearance and that he would appear publicly.'
*****
NEW. The New York Times has a "live briefing" of Trump's remarks before the U.N. this morning. It's embarrassing.
Peter Baker & Somini Sengupta of the New York Times: "President Trump on Monday opened his first visit to the United Nations since taking office with a polite but firm call for the 72-year-old institution to overhaul itself and a veiled threat to pull out of the Iran nuclear agreement. In a meeting with counterparts from around the world, Mr. Trump said the United Nations had grown too bureaucratic and ineffective and should reorient its approach. He complained that spending and staff at the United Nations had grown enormously over the years but that 'we are not seeing the results in line with this investment.'... Asked by reporters whether he would withdraw [from the Iran agreement], Mr. Trump said, 'You'll see very soon. You'll be seeing very soon.' He added: 'We're talking about it constantly. Constantly. We're talking about plans constantly.' The president has until mid-October to certify under an American law whether Iran is complying with the deal, a certification he has grudgingly made twice already this year but that he has told advisers he does not want to make again. If he were to refuse to do so, it could potentially unravel the agreement." ...
... Mrs. Bea McCrabbie: These constant I'm-Gonna-Surprise-Yous are getting pretty grating, especially since the surprises -- pulling out of the climate accord, screwing DREAMers -- invariably suck. ...
... Philip Bump of the Washington Post: Trump "honors" organizations like the U.N. & the CIA by ... talking about himself. Bump provides numerous examples. Mrs. McC: It's quite all right to occasionally offer a personal anecdote. President Obama, when talking up the Affordable Care Act, for instance, often referred to his gratitude to nurses who helped his newborn daughter Sasha. But Trump's references to others are nearly only about himself.
Sharon LaFraniere, et al., of the New York Times: Robert Mueller's team has come down hard on Paul Manafort & a few others who may have undisclosed knowledge of Russian election-tampering. In their early morning raid of Manafort's apartment, federal agents gained entry by picking the lock of his front door. 'The special counsel, Robert S. Mueller III, then followed the house search with a warning: His prosecutors told Mr. Manafort they planned to indict him, said two people close to the investigation.... 'They seem to be pursuing this more aggressively, taking a much harder line, than you'd expect to see in a typical white collar case,' said Jimmy Gurulé, a Notre Dame law professor and former federal prosecutor. 'This is more consistent with how you'd go after an organized crime syndicate.'... It is unusual for a prosecutor to seek a search warrant against someone who, like Mr. Manafort, had already put his lawyer in contact with the Justice Department.... To be allowed to pick the lock and enter the home unannounced, prosecutors had to persuade a federal judge that Mr. Manafort was likely to destroy evidence." ...
... Mrs. McCrabbie: The story has been updated to include the assertion that the Mueller team told Manafort he would be indicted. ...
... Evan Perez, et al., of CNN: "US investigators wiretapped former Trump campaign chairman Paul Manafort under secret court orders before and after the election, sources tell CNN, an extraordinary step involving a high-ranking campaign official.... The government snooping continued into early this year, including a period when Manafort was known to talk to ... Donald Trump. Some of the intelligence collected includes communications that sparked concerns among investigators that Manafort had encouraged the Russians to help with the campaign, according to three sources.... Two of these sources, however, cautioned that the evidence is not conclusive. A secret order authorized by the court that handles the Foreign Intelligence Surveillance Act (FISA) began after Manafort became the subject of an FBI investigation that began in 2014. It centered on work done by a group of Washington consulting firms for Ukraine's former ruling party.... The surveillance was discontinued at some point last year for lack of evidence, according to one of the sources. The FBI then restarted the surveillance after obtaining a new FISA warrant that extended at least into early this year. Sources say the second warrant was part of the FBI's efforts to investigate ties between Trump campaign associates and suspected Russian operatives. The FBI must provide the court with information showing suspicion that the subject of the warrant may be acting as an agent of a foreign power." ...
... Margaret Hartmann of New York: "Manafort has a residence in Trump Tower, but it's unclear if the FBI surveilled him there. Still, according to Trump supporters, the important take away from these reports isn't that the president's former campaign manager may have engaged in illegal activity, but that Trump was right when he claimed 'Obama had my "wires tapped" in Trump Tower just before the victory.'"
... Carol Leonnig, et al., of the Washington Post: "House and Senate investigators have grown increasingly concerned that Facebook is withholding key information that could illuminate the shape and extent of a Russian propaganda campaign aimed at tilting the U.S. presidential election, according to people familiar with the probe.... Investigators believe the company has not fully examined all potential ways that Russians could have manipulated Facebook's sprawling social media platform. A particularly sore point among Hill investigators is that Facebook has shared more extensive information -- including ads bought through fake Russian accounts -- with special counsel Robert S. Mueller...."
Laurence Tribe & Ron Fein in a Washington Post op-ed: "Trump's pardon of [Joe] Arpaio can -- and should -- be overturned.... When the Constitution says that the president 'shall have Power,' that does not mean unlimited power. It means power that is not inconsistent with other parts of the Constitution. It means power that is not inconsistent with other parts of the Constitution. For example, the Constitution says 'Congress shall have Power To lay and collect Taxes,' but that doesn't mean Congress can tax white people at a different rate than black people.... Trump's pardon of Arpaio should trigger congressional hearings on whether it constitutes an impeachable offense. But it strains logic to suggest that, although a president can be removed from office for an unconstitutional pardon, the pardon itself must be judicially enforced. By pardoning Arpaio for his willful disobedience of a court order to stop violating Arizonans' constitutional rights, Trump has pulled the republic into uncharted waters. Our best guide home is the Constitution."
The Earth v. Trump. Emily Atkin of the New Republic: "Ahead of the United Nations General Assembly meeting in Manhattan this week, the Trump administration is doubling down on its pledge to withdraw the U.S. from the landmark climate accord. At the same time, U.S. climate leaders -- and some foreign representatives -- are discussing how the other 170 countries party to the deal might make America pay for breaking its promise to reduce emissions. At the opening ceremony of Climate Week NYC on Monday -- less than a mile away from the U.N. meeting -- former Clinton Treasury Secretary Larry Summers raised the idea of a 'border adjustment carbon tax.' Under this plan, each country that signed the Paris agreement would institute a carbon tax. Countries that don't have one -- i.e., the United States -- would face financial penalties levied on exports and imports."
Alex Shepard of the New Republic: How did The Art of the Deal get on the New York Times best-seller list in the first place? Trump bought thousands of copies.
Joe Davidson of the Washington Post: "The Interior Department's Office of Inspector General (OIG) is examining the extraordinary and politically suspect reassignment of dozens of Senior Executive Service (SES) members. The OIG's review is in response to a request from eight Democrats on the Senate Energy and Natural Resources Committee. They asked for the probe after one Interior senior executive, Joel Clement, wrote a Washington Post article that said he was reassigned and 'retaliated against for speaking out publicly about the dangers that climate change poses to Alaska Native communities.'"
Glenn Thrush & Dave Itzkoff of the New York Times: "In an interview on Monday morning, [Sean] Spicer said he now regrets one of his most infamous moments as press secretary: his decision to charge into the White House briefing room in January and criticize accurate news reports that President Barack Obama's inauguration crowd was bigger than President Trump's. 'Of course I do, absolutely,' Mr. Spicer said." His Emmys cameo was arranged & rehearsed in secret. ...
... Frank Bruni of the New York Times is incensed by Spicer's Emmy appearance and what he describes as Hollywood's embrace of Spicer. Spicer's Big Lie about Trump's inauguration crowd size "was precisely and perfectly emblematic of Trump's all-out, continuing assault on facts and on truth itself. And it signaled Spicer's full collaboration in that war, which is arguably the most dangerous facet of Trump's politics, with the most far-reaching, long-lasting consequences." Mrs. McCrabbie: Bruni is right, of course, but I'm not too irritated by Spicer's participating in a joke at his own expense. What does anger me is something else Bruni writes: "Spicer and [Corey] Lewandowski will be fellows at Harvard, never mind their volitional submission to someone whose lack of character, grace and basic maturity was just affirmed anew by his retweet of a video of him hitting a golf ball into Hillary Clinton and knocking her over." There's nothing funny about that. Harvard's embrace of celebrity, even if the celebrity is a pariah, suggests one of the oldest colleges in the country has become an unserious university.
E-Mails! Kobach Runs Afoul of State AND Federal Law. Bryan Lowry & Hunter Woodall of the Kansas City Star: "Kansas Secretary of State Kris Kobach's use of private email for a presidential commission could bring him into conflict with a 1-year-old state law meant to increase government transparency. Kobach, a candidate for Kansas governor, told ProPublica last week that he was serving on ... Donald Trump's voting fraud commission as a private citizen rather than as Kansas secretary of state and that he was using his personal gmail account for commission business rather than his official state account. Kobach, a candidate for Kansas governor and vice chair of the commission, said using his state account would be a 'waste of state resources.' The ProPublica report scrutinized the use of private email by commission members and their possible violation of a federal statute that requires any federal government business conducted by private email to be forwarded to a government address within 20 days.... If Kobach is serving on the commission in his official capacity as Kansas secretary of state, then all of his emails related to the commission would be available to the public under the [Kansas] 2016 law. The May announcement from the White House on the formation of the commission noted his position as Kansas secretary of state." ...
... Mrs. McCrabbie: Oh, questions abound. Does Kobach have a private server? Has he deleted his so-called "personal" e-mails? Will the House set up 27 investigative committees? Will mike pence testify or claim executive privilege? Will we see subpoenas. or do we have to wait for Russia to hack Kobach's e-mail account?
Say, What Are Uday & Qusay Doing These Days?
... Secret Service, No. Nicholas Fandos & Maggie Haberman of the New York Times: "Donald Trump Jr. ... has elected to forgo protection by the Secret Service, according to a senior administration official, and another top White House official is losing hers. The agency ceased protecting Mr. Trump, who lives in New York City and is an executive at the Trump Organization, last week. Mr. Trump, an avid camper and hunter, was said to be seeking more privacy than he can expect with a contingent of agents accompanying him everywhere. It was not immediately clear whether the decision applied to his family; he and his wife, Vanessa, have five children. Mr. Trump could not be reached, and the White House did not return a message seeking comment. Additionally, Kellyanne Conway ... will no longer be covered by agents, according to an administration official briefed on the matter. The two cases are unrelated." ...
... Secret Events, Yes. Dan Alexander of Forbes: "The charity formerly known as the Eric Trump Foundation apparently held a secret event at Trump National Golf Club in Westchester County, New York on Monday, even though the Eric Trump Foundation remains under investigation by the office of the New York state attorney general. The charity, which was renamed Curetivity, is legally allowed to raise money as the investigation continues. But its choice of venue seemed to be an act of defiance. Eric Trump had previously falsely stated that his charity got to use his family's assets '100% free of charge,' but a June story in Forbes magazine debunked that claim and sparked a state investigation into the organization. It is not clear who will cover the costs for Monday's event."
This Will Make You Sick. Robert Pear of the New York Times: "Just when the effort to repeal the Affordable Care Act appeared to be dead, a last-ditch push to dismantle the law could be nearing a showdown vote in the Senate, and a handful of Republicans insist they are closing in on the votes. The effort received a jolt of energy on Monday when Gov. Doug Ducey of Arizona, a Republican, strongly endorsed the latest repeal bill. That put pressure on Senator John McCain, Republican of Arizona, who cast the deciding vote in July that seemed to stop the repeal movement, but who has said he would seriously consider the views of his governor. The leaders of the latest repeal effort, Senators Lindsey Graham of South Carolina and Bill Cassidy of Louisiana, say their drive is gaining momentum. But it is still a long shot. Under their bill, millions could lose coverage, Medicaid would see the same magnitude of cuts that earlier repeal bills extracted, and insurers in some states could charge higher premiums to people with pre-existing conditions." ...
... See especially Ian Millhiser's analysis of the bill, linked in yesterday's Commentariat. Bill & Lindsey's excellent plan is great for insurance companies: they can rake in the dough but won't have to assume any, um, risk. If you're healthy, your premiums might be affordable. But if you get sick, the insureers will just raise your premiums to cover all your medical expenses. That's not insurance; that's a racket. ...
... ** Judy Stone, in Forbes, reports on the horrifying provisions of the Graham-Cassidy bill. It's worse than the failed efforts to repeal ObamaCare. Mrs. McC: Graham-Cassidy is not "repeal & replace": it's repeal & end Medicaid. ...
... Kim Soffen of the Washington Post: "The proposal, crafted by Sens. Bill Cassidy (R-La.), Lindsey O. Graham (R-S.C.) and Dean Heller (R-Nev.), essentially turns control of the health-care markets over to the states. Rather than funding Medicaid and subsidies directly, that money would be put into a block grant that a state could use to develop any health-care system it wants.... The Medicaid expansion and subsidy funding would be cut sharply compared to current spending, going to zero in a decade.... The cuts would hit liberal states the hardest, according to a report by the Center for Budget and Policy Priorities. This is largely because they tend to be the biggest spenders on health care...." ...
... Peter Sullivan of the Hill: "The American Cancer Society Cancer Action Network, the American Heart Association and the March of Dimes on Monday came out in opposition to the latest Senate GOP bill to repeal and replace ObamaCare. They are among 16 groups that released a joint statement criticizing the bill, which Republican sponsors say is nearing the 51 votes necessary for passage. 'This bill would limit funding for the Medicaid program, roll back important essential health benefit protections, and potentially open the door to annual and lifetime caps on coverage, endangering access to critical care for millions of Americans,' the groups wrote in a statement. 'Our organizations urge senators to oppose this legislation.'" ...
... David Leonhardt of the New York Times is in for a disappointment. "... John McCain's Senate colleagues are going to test him once again. And the health insurance of millions of Americans depends on the outcome.... Graham-Cassidy, risks the Senate's credibility again. There has been none of the regular process that McCain demanded, not even a Congressional Budget Office analysis. No major medical group -- not doctors, nurses, hospitals or advocates for the treatment of cancer, diabetes or birth defects -- supports the bill. Passing it would violate every standard that McCain laid down.... It would be a tragedy for the country if he were now willing to take away decent health care from millions of people. It would be a tragedy for him if he went back on his word so blatantly. I remain hopeful that he will stay true to it." ...
... As We Feared. Peter Sullivan of the Hill: "Sen. John McCain (R-Ariz.) said Wednesday that he supports a newer version of an ObamaCare repeal-and-replace bill, throwing some support behind the last-ditch effort. McCain said he backs a bill from Sens. Lindsey Graham (R-S.C.) and Bill Cassidy (R-La.) that would convert ObamaCare spending into block grants for states. Asked if he supported it, McCain told reporters, 'Yes. You think I wouldn't be?' Graham is one of McCain's closest friends." ...
... Mrs. McCrabbie: Pardon my cynicism, but it wouldn't surprise me if McCain's "no" vote on the last repeal bill were simply a gift to Lindsey Graham, who at the time was already finalizing the blueprint for the even more draconian Graham-Cassidy monstrosity. ...
Emily Steel of the New York Times: "Fox News, which for more than a year has dealt with the fallout from an embarrassing sexual harassment scandal, was sued on Monday by the political commentator Scottie Nell Hughes, who claimed that she had been raped by the longtime anchor Charles Payne and was then retaliated against by the network after she came forward with her allegation. Mr. Payne, the host of 'Making Money' on Fox Business, returned to the air this month after the network suspended him in July pending an investigation into his conduct. Upon his return, the network said that it had completed the investigation, which began after Ms. Hughes took her allegations to the network in late June.... Ms. Hughes, a regular guest on Fox News and Fox Business from 2013 through 2016, asserted that after she ended the relationship with Mr. Payne, the network blacklisted her. After she reported her allegations against him, she said, the network leaked a story to the news media about a romantic affair between Ms. Hughes and Mr. Payne."
Beyond the Beltway
Doug Moore of the St. Louis Post-Dispatch: "Police used a technique called kettling on Sunday night to box in about 100 people at a busy downtown intersection and arrest them for failing to disperse. It's a tactic used to corral a group of people who fail to follow police orders. St. Louis police took the action after several windows were broken and concrete planters and trash cans overturned. But some of those caught in the box made by rows of officers said police overstepped their bounds, using excessive force and chemical spray on people who were not protesting, including residents trying to get home and members of the media. As police closed in from all sides, they struck their batons in unison on the pavement, in a cadence march.... Those bused to the jail seemed confused by what was happening, [a protest leader] said. Pedestrians were arrested along with legal observers, protesters, a freelance photographer and a doctor, he said."
Way Beyond
Ceylan Yeginsu & Karem Shoumali of the New York Times: "On Monday, the first glimmers of information began to surface about the two young men who are suspects in the crude bombing of an Underground subway train on Friday morning, in what the authorities have called a terrorist attack.... The arrests came as a shock here in Sunbury-on-Thames, a middle-class suburb in Surrey, just west of Greater London, where the two men had stayed with foster parents, Ronald and Penelope Jones. The couple -- he is 88 and she 71 -- have been lauded for sheltering hundreds of young people, many from broken or troubled homes, over four decades starting in 1970. In 2009, they were named members of the Order of the British Empire, an honor conferred for 'outstanding achievement or service to the community.'"
News Ledes
New York Times: "A powerful earthquake struck Mexico on Tuesday afternoon, toppling buildings, rattling the capital and sending people flooding into the streets for the second time in just two weeks. More than 100 people have been reported killed across the country, including scores in the state of Morelos, close to the epicenter of the quake, and dozens here in Mexico City. But the figure is expected to climb, especially because rescuers were still frantically digging out people trapped beneath mounds of rubble. The earthquake hit shortly after 1 p.m. about 100 miles from Mexico City. It registered a preliminary magnitude of 7.1, causing heavy and prolonged shaking in the capital."
New York Times: "Almost two weeks after being grazed as Hurricane Irma battered other islands in the Caribbean, the residents of Puerto Rico were bracing for a potentially devastating sequel: a direct hit from Hurricane Maria, which could be the first Category 5 hurricane to strike the island in close to a century. After slicing through the islands of Dominica and Guadeloupe, Maria, described as 'potentially catastrophic' by the National Hurricane Center, was moving west-northwest at 10 mph over the northeastern Caribbean Sea with maximum sustained winds of 165 mph on Tuesday evening. Maria is expected to produce more than 12 inches of rainfall, which will cause 'life-threatening flash floods and mudslides' in Puerto Rico and the U.S. Virgin Islands, the hurricane center said." ...
... Washington Post: "The wicked 2017 hurricane season is set to deliver its next two punishing blows from Hurricanes Maria and Jose. In both the Caribbean and along the Atlantic coast of the Northeast United States, conditions are set to deteriorate rapidly through Wednesday as these storms arrive. Of the two storms, however, Maria is the much more serious hurricane -- becoming a Category 5, the most extreme level Monday evening, before making landfall in Dominica. The extremely dangerous storm, now a Category 4 hurricane with 155-mph winds, has the potential to cause widespread destruction along its path from the central Lesser Antilles through Puerto Rico."
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