The Commentariat -- August 26, 2017
Afternoon Update:
Brandon Carter of the Hill: "Sen. John McCain (R-Ariz.) blasted President Trump over his pardon of former Maricopa County, Ariz., Sheriff Joe Arpaio on Friday, arguing it 'undermines his claim for the respect of rule of law.' 'Mr. Arpaio was found guilty of criminal contempt for continuing to illegally profile Latinos living in Arizona based on their perceived immigration status in violation of a judge's orders,' McCain said in a statement. 'The President has the authority to make this pardon, but doing so at this time undermines his claim for the respect of rule of law as Mr. Arpaio has shown no remorse for his actions.'" ...
... Dan Balz of the Washington Post: "President Trump has set his presidency on an unambiguous course for which there could be no reversal. He has chosen to be a divider, not a uniter, no matter how many words to the contrary he reads off a teleprompter or from a prepared script. That's one obvious message from Friday's decision to issue a pardon for controversial former Arizona sheriff Joe Arpaio. Trump has been a divisive force from the very start of his campaign for president, a proud disrupter of the political status quo.... The more he is under fire -- as he is now -- the more he returns to that strategy.... The pardon was an extraordinary act coming so early in a presidency and sets a tone both on immigration and on the president's willingness to use this power to take care of those who have been loyal to him."
*****
Worst Friday Night(/Hurricane) News Dump Ever. Trump has pardoned Joe Arpaio. The WashPo has a one-graf breaking news story here. Abby Phillip has updated the story.
... The New York Times story, by Julie Davis, is here. ...
... Mrs. Bea McCrabbie: If you didn't read Martin Redish's NYT op-ed yesterday, read it now. This pardon constitutes a serious breach of Constitutional rights as well as of the very three-branches structure of the Constitution. It's nothing like pardoning (or commuting the sentence of) reefer-guy who got a life sentence in 1995 under a three-strikes law. The pardon is a direct attack on the Constitution & the judiciary. ...
... Arizona Republic Editors: "While America was talking about tearing down monuments that offend historically oppressed people, Donald Trump effectively erected yet another one. His pardon of Joe Arpaio elevated the disgraced former Maricopa County sheriff to monument status among the immigration hardliners and nationalists in Trump's base. This erases any doubt about whether Trump meant to empower them after the violence in Charlottesville. Arpaio is their darling. Arpaio is now back on his pedestal thanks to their president.... Trump spent last week demonstrating that he wants to be president of the few. By pardoning Arpaio, Trump made it clear that institutional racism is not just OK with him. It is a goal." ...
... Phillip Bump of the Washington Post: "The broader question raised by the pardon ... is where Trump would draw the line. If he's willing to pardon Joe Arpaio for ignoring a court order in service of a political goal Trump embraces, why wouldn't he pardon another individual he respects for similarly ignoring a demand from the court. Say, a former employee or a family member who, say, was issued a subpoena to testify before a special prosecutor? One message from the Arpaio pardon is precisely that Trump sees his evaluation of the boundaries of legality as superior to the boundaries set by the legal system.... In other words, if any of Trump's allies decides to tell special counsel Robert Mueller to stick his subpoena in the south side of the National Mall, Mueller can press a court for contempt charges. The person could be convicted of those charges -- and then get a pardon identical to Arpaio's." ...
... Kevin Drum: "With [the Arpaio] action, Trump is basically saying that courts have no authority to enforce the law on agents of the state. I wonder if it will be challenged in court? Everyone always says the pardon power is absolute, but I don't think that's ever been tested. After all, the language of the First Amendment is also absolute, but the Supreme Court has carved out all kinds of exceptions. (But who would have standing to sue?)" ...
... Mrs. McCrabbie: To answer Drum's question, I believe that any & all American citizens whom Arpaio's deputies stopped on the basis of their skin tone alone -- particularly those who were stopped after the court issued its injunction against him and/or those who were unlawfully detained for more than a couple of minutes -- would have standing. Surely the ACLU, which defended the original, underlying case, can represent & fund some of Arpaio & Trump's direct victims. Of course, we're all indirect victims here. This is a signal to law enforcement that as long as Trump is president, they don't have to follow any of those pesky Constitutional guarantees. Do whatever & send Trump & JeffBo your pardon applications. I wouldn't mind if the Constitutional scholar who argued the case before the Supremes was Barack Obama. ...
His pardon of Arpaio is a presidential endorsement of racism. -- Cecillia Wang of the ACLU
... Bmaz of emptywheel: "It is an abominable act by a lawless jackass. One lawless jackass pardoning another lawless jackass. Trump and Arpaio are really two peas in the same racist bigot pod; both supreme narcissists, ignorant and contemptuous of the rule of law down to their deepest bone.... While 'Trump's base' may be part of his audience in making this pardon move, it is likely even more intended for law enforcement. Police unions were almost across the board for Trump, and they do speak for their rank and file. Not to mention that all cops are fine with a pro law enforcement approach of Trump and his DOJ, not just the racist bigot ones." ...
... Noah Feldman of Bloomberg, writing before the pardon: "If ... Donald Trump pardons Joe Arpaio..., it would not be an ordinary exercise of the power -- it would be an impeachable offense.... [Arpaio's crime was ] willful defiance of a federal judge's lawful order to enforce the Constitution.... Trump has questioned judges' motives and decisions [before], but this would be a further, more radical step in his attack on the independent constitutional authority of Article III judges.... For Trump to say that this violation is excusable would threaten the very structure on which is right to pardon is based. Fundamentally, pardoning Arpaio would also undermine the rule of law itself.... James Madison noted at the Virginia ratifying convention that abuse of the pardon power could be grounds for impeachment. He was correct then -- and it's still true now." ...
... Mrs. McCrabbie: Feldman, BTW, accepts the notion that the president's pardon power is absolute. I don't agree; the Constitution, after all, is a document in tension with itself, & surely the fundamental framework & intent of the Constitution outweighs a single clause. ...
... Margaret Talbot of the New Yorker summarizes Arpaio's reign of terror. Arpaio's lawless disregard for human rights is what Trump admires in him, that & the fact that Arpaio also admires Trump.
Friday Night News Dump, Ctd. Michael Gordon & Emily Cochrane of the New York Times: "President Trump signed a long-awaited directive on Friday that precludes transgender individuals from joining the military but gives Defense Secretary Jim Mattis wide discretion in determining whether those already in the armed forces can continue to serve. Mr. Mattis's decisions will be based on several criteria..., a senior White House official said in briefing reporters. Left unclear was how many of the thousands of transgender service personnel estimated to be in the military might keep serving. By putting the onus on Mr. Mattis, the president appeared to open the door to allowing at least some transgender service members to remain in the military."
Friday Night News Dump, Ctd. Gorka Quits White House Job, Whatever It Was. Reid Nakamura of the Wrap: "Sebastian Gorka, deputy assistant to ... Donald Trump, is the latest official to resign from the administration. He announced his decision in a letter to the president on Friday. '[G]iven recent events, it is clear to me that forces that do not support the MAGA promise are -- for now -- ascendant within the White House,' Gorka wrote in the resignation letter, obtained by the Federalist. 'As a result, the best and most effective way I can support you, Mr. President, is from outside the People's House.'" ...
... Update. Maggie Haberman & Matt Stevens of the New York Times: "Sebastian Gorka, an outspoken adviser to President Trump and lightning rod for controversy, has been forced out of his position at the White House, two administration officials said on Friday. One of the officials said that the president's chief of staff, John F. Kelly, had telegraphed his lack of interest in keeping Mr. Gorka over the last week in internal discussions. Mr. Gorka, a deputy assistant to the president, had been on vacation for at least the last two weeks, with no clear assigned duties to hand to others, that official said." ...
... Chas Danner of New York: "... while Gorka's contributions to the White House remain a mystery, he did reportedly make President Trump very happy as a combative surrogate for the administration on television. That is not at all surprising considering how often Gorka used his media appearances to deride the media, as well as his Trump-like tendency to make a lot of questionable and/or downright incendiary claims -- like suggesting the recent bombing of a Minnesota mosque may have been a false-flag incident perpetrated by the left.... CNN reported last week that, when asked, the White House 'refused to answer questions on what exactly Gorka does, whether he advises anyone, and whether he holds the security clearance needed to sit in on meetings involving terrorism.'" ...
... Amber Phillips of the Washington Post: "It's Friday night. A Category 4 hurricane is about to slam the Texas coastline, and President Trump just directed the Pentagon to ban transgender people from joining the military and pardoned a politically radioactive convicted former sheriff [Joe Arpaio]. News also broke that one of his more controversial advisers, Sebastian Gorka, is leaving the White House. This isn't your average sleepy Friday news dump -- a trick newsmakers use to bury unpopular news by releasing it when most people aren't reading news. This is a flagrant attempt to hide a series of politically fraught (but base-pleasing) moves under the cover of an August Friday night hurricane. In other words, it's transparent Trump is doing controversial things he knows are controversial, and he and the White House would prefer the public and the media not focus on it." ...
... Kevin Drum: "That was Trump O'Clock on Friday, the 25th of August. Join us tomorrow for another edition." ...
.. Here's Trump on his way to his weekend getaway at Camp David showing his deep concern for people in the path of Hurricane Harvey:
Damian Palleta & Philip Rucker of the Washington Post: "An unprecedented rebuke of President Trump by National Economic Council Director Gary Cohn reverberated through Washington on Friday.... [Cohn's] criticism was the first serious public condemnation of Trump's behavior by a member of his inner circle since the beginning of his presidency.... Privately, a White House official said, Trump was furious about Cohn's public airing, though publicly, White House officials, while defending the president's response to the events in Charlottesville, acknowledged that the White House can always do more.... At the same time, it was clear there was potential for a deterioration in the relationship between Trump and his chief economic adviser, whom he has been considering naming as Federal Reserve chair. On Wednesday evening, Cohn complained loudly about Trump while dining with friends at a Long Island restaurant called the Frisky Oyster. Cohn explained to his companions -- in a loud voice overheard by others -- that he had to be careful not to give Trump too much lead time about some new ideas because the president could disclose the information prematurely and upend the planning process, according to a person familiar with the dinner." See related stories in yesterday's Commentariat.
Ken Dilanian, et al., of NBC News: "Special Counsel Robert Mueller issued grand jury subpoenas in recent days seeking testimony from public relations executives who worked on an international campaign organized by Paul Manafort, people directly familiar with the matter told NBC News. This is the first public indication that Mueller's investigation is beginning to compel witness testimony before the grand jury -- a significant milestone in an inquiry that is examining the conduct of ... Donald Trump and ... Jared Kushner, among others." ...
... Melanie Zanona of the Hill: "Special counsel Robert Mueller is looking into whether former national security adviser and Trump campaign aide Michael Flynn played any role in an effort to get Hillary Clinton's emails from Russian hackers, The Wall Street Journal reported Friday.... Republican activist Peter W. Smith, who allegedly led an operation hoping to obtain Clinton's deleted emails, portrayed Flynn as 'an ally in those efforts and implied that other senior Trump campaign officials were coordinating with him' in correspondence and conversations with colleagues, according to the Journal. Flynn's consulting firm and his son were also reportedly mentioned in the same correspondence.... Now federal investigators working for Mueller are examining whether Flynn, who was a senior Trump campaign adviser at the time, or his son were involved in any way in the pursuit of the emails. They are also working to determine whether Smith or anyone else paid hackers for Clinton's emails, according to the report."
A Warning to Seniors: Don't Believe Those Tom Selleck Ads. Jenifer McKim of the Washington Post: "Across the nation, an increasing number of seniors are facing foreclosure after taking out reverse mortgages, either because they fell behind on property charges or failed to meet other requirements of the complex mortgage loans, according to federal data and interviews with consumer and housing specialists.... The federal Department of Housing and Urban Development, which insures most reverse mortgages in the country, says it lacks detailed data on how many homeowners have lost their homes or are facing foreclosure in the program, which was launched in 1989 and covers about 636,000 loans.... But a HUD report issued last fall found that nearly 90,000 reverse mortgage loans held by seniors were at least 12 months behind in payment of taxes and insurance and were expected to end in 'involuntary termination' in fiscal 2017. That's more than double the number the year before."
Choe Sang-Hun of the New York Times: "North Korea launched several short-range missiles off its coast on Saturday, damping hopes in Washington and South Korea that the country would restrain from provocations to help pave the way for dialogue. The missiles blasted off from a coastal launching site and flew about 155 miles to the northeast before falling into the sea, the South Korean military said in a statement. Military officials were analyzing data to determine what type of missiles were used, it said."
MEANWHILE, in Dubai, Uday & Qusay are holding back wages of already-low-paid migrant workers who are building Trump-branded luxury golf courses, which the chips off the old blockhead manage. Peter Goodman of the New York Times: "While the president's company, the Trump Organization, is not the workers' employer, it manages the properties through a partnership with Damac, one of Dubai's largest real estate developers. Mr. Trump has earned $2 million to $10 million from the two golf courses, according to financial disclosures he filed last year with the Federal Election Commission.... The migrant workers make $200 to $400 a month, money that frequently comes weeks or months late, prompting recent strikes, according to interviews conducted by The New York Times with two dozen current and former workers at the Damac Hills course, where hundreds of laborers have been employed in recent years. The workers say they struggle to cover debts amassed in paying recruitment agents for their jobs, while confronting physical hardships and violations of their rights under local labor laws."
News Ledes
Houston Chronicle: "Hurricane Harvey barreled into the Texas coast around 10 p..m. Friday as one of the most powerful hurricanes to strike the Texas coast in decades. The storm has now weakened to a Category 1 storm with 85 mph winds and is expected to continue to weaken, becoming a tropical storm later on Saturday. Overnight, a reported tornado ripped through Missouri City causing damage to homes inside Sienna Plantation." ...
... The Washington Post's live updates are here. The Post is temporarily lifting its firewall (perhaps for all stories, not just those that relate to Hurricane Harvey) ...
... The New York Times has lifted its paywall for hurricane-related stories.
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Reader Comments (9)
The last scene in the film "Havana" has Robert Redford in Key West walking down to the ocean in a bleak sunset. The year is 1960.
"It's a new decade," he says, in a voice over. "I'm doing ok these days, but it's not the same. I sit with my back to the wall, watch the entrance–-You never know who's going to walk in. Somebody blown off course? This is hurricane country."
Yesterday during one of our worst hurricanes Texas style, what was blown off course was a memo from the king that he will pardon Arpaio, a boot in the rear for Gorka, A Frisky Oyster outrage by Cohn, A transgender edict to the military, and to top it off North Korea shot a few more short ranged missiles.
and all on a Friday
and I am not doing ok these days.
Two quick thoughts about the Arpaio outrage, in which a sleazy, racist, cowardly king pardons an equally sleazy racist. Now we'll see if Sheriff Joe is as much a coward as well. He said that in no uncertain terms would he accept a pardon because he was "one hundred percent innocent". Now we'll see if Big Joe is true to his word or just another feckless, lying Confederate more concerned about his own fat ass than law or ethical behavior, or accountability ( that thing wingers demand of everyone but themselves), or the ability of Arizonans and all other Americans to trust his word.
On a more pragmatic level, the soiled, er, I mean royal pardon not only upends the idea that the king and his minions, like little Jeffy, are concerned about the Rule of Law (another thing wingers insist on for everyone but themselves), but it tosses away in the most cavalier fashion, all the taxpayers' money the federal government has paid out to investigate and prosecute this law breaking racist pig, not to mention the message it sends to hard working agents of that government who have spent years building a case against the king's favorite bigoted sheriff.
A disgrace all around.
Wonder what that bastion of "law and order" (for browns and blahs), Faux News, will say about this outrage.
Well, I have my answer as to what Faux thinks about the Arpaio pardon. He not only deserves a pardon, he deserves the Medal of Freedom.
You can always count on these assholes to support racism and lawlessness in support of far right wing authoritarianism.
http://thehill.com/homenews/media/347999-fox-friends-guest-arpaio-should-get-pardon-medal-of-freedom
Trump is a criminal and he is insane. He is ruling not governing, as in a pre-modern country. His tactic is corruption: personal corruption, corruption of civil rights, corruption of the rule of law and corruption of democratic principles. Firing Gorka is too little too late. Gorka, a Nazi sympathizer, had one purpose - to undermine democracy. It is beyond belief that he was even part of an American presidential administration. The ongoing border checks during the hurricane in Texas could well be lethal to immigrants afraid to seek shelter. Their lives are expendable in the name of hate. Tell me that’s not both criminal and insane.
I have no doubt that Trump will pardon anyone in his family and any other loyalist, who might be subject to prosecution. Those generals, who have been advertised as the only ones able to hold the line against this madness, are tapping their feet in time to the music. They will continue to mouth some words in service to their honor, but be impotent to either stop Trump’s criminal actions or resign.
Trump has already devastated the office of presidency, our respect in the world, civil and environmental protections, and respect for the rule of law. The next president will have to be an extraordinary person and it will take at least a decade to restore democratic principles and respect in the world. Trump has been eagerly aided and abetted by the reprehensible “concerned” Republicans in the House and Senate. Their debt is also enormous.
@Diane: Hear, hear. No one could write a better, more accurate summary.
Today's Pardoner's Tale
Might have missed this in the articles above, but accepting a pardon is not all peaches and cream because a pardon is erected on an admission of guilt.
Pardon: "to use the executive power of a Governor or President to forgive a person convicted of a crime, thus removing any remaining penalties or punishments and preventing any new prosecution of the person for the crime for which the pardon was given."
From Legal Dictionary | Law.com
dictionary.law.com
A pardon sets aside only the punishment, not the underlying crime. It's simply a get out of jail free card.
Here, both the pardoner (in this case the Pretender) and the person pardoned (Arpio) are saying they know he is guilty as hell---but just don't care.
And since Arpio's crimes were distinct and definite infringements on human rights, the message couldn't be clearer. As stated in various ways above, those brown people don't have any.
So, Trump went to that other dump, Camp David instead of Bedminister this weekend. Such a shame, the weather here in the northeast is stunningly perfect golfing weather!
Somebody musta
toldstrongly insisted to him that the visuals would be bad considering that in Texas waters are rising, homes are being destroyed, and with worse to come. Nice of him to tough it out this weekend in a cabin in the woods of Maryland.Pssst Mrs. McC: today is the 26th.
Diane: beautifully expressed. Never have felt so helpless as our systems for removal of criminals don't seem to hold water and dolt45 reigns, the cabinet and the congress are full of people living the right wing fever dreams, and many (far more than I realized prior to Nov. 8th, 2016) of the people in this country are apparently terminally stupid and oblivious to the carnage and sins being committed. Welcome to the Middle Ages. I hope to hell something is left when the smoke clears.
Forgot to post my own humble request for a pardon from Sheriff Joe for omitting the "a" from his last name in my earlier comment.
By way of apology wrote this for our local paper:
"Like Chaucer’s “Pardoner’s Tale” President Trump’s pardon of Sheriff Joe Arpaio tells its own cautionary tale.
Chaucer’s Pardoner introduces three people overcome by greed who meet a very had end. Sin brings immediate punishment in its wake.
The message of Trump’s Arpaio pardon is not so easily summarized, but it’s equally clear.
Arpaio was convicted of criminal contempt for failing to abide by court orders to halt his practice of targeting Latinos on no basis other than their brown skin. He did it for decades; he bragged about it; and he said he would continue to do it no matter what any court said. That behavior, flouting the law, the courts and the Constitution itself, eventually brought a long-overdue conviction.
Enter the Presidential Pardon, stage Right
.
What should we make of it?
To know, we have to understand what a Presidential pardon means.
A pardon sets aside only the punishment, not the underlying crime. A pardon carries with it a clear admission of guilt--with a get out of jail free card attached.
Here, both the pardoner and the pardoned, Trump and Arpaio, are saying they know Arpaio is guilty of the crime—but the President is saying he just doesn’t care.
Since Arpaio’s crimes were definite and prolonged infringements on the rights all of us are guaranteed by the Constitution, the message couldn’t be clearer. It’s not as if Arpaio got in trouble by targeting white people. No, he preyed on Latinos and left white people alone.
It would be difficult to come up with a better definition of racism. It is equally difficult to believe that by pardoning Arpaio, the President doesn’t approve of the practice.
In Chaucer’s tale, the characters’ greed led to multiple murders.
The clear victim of Trump’s Arpaio pardon is our Bill of Rights".