The Commentariat -- June 3, 2018
The Absolute Power of King Donald
... Richard Nixon, speaking for the Trump defense ...
** Michael Schmidt, et al., of the New York Times: "President Trump's lawyers have for months quietly waged a campaign to keep the special counsel from trying to force him to answer questions in the investigation into whether he obstructed justice, asserting that he cannot be compelled to testify and arguing in a confidential letter that he could not possibly have committed obstruction because he has unfettered authority over all federal investigations. In a brash assertion of presidential power, the 20-page letter -- sent to the special counsel, Robert S. Mueller III [in January 2018], and obtained by The New York Times -- contends that the president cannot illegally obstruct any aspect of the investigation into Russia's election meddling because the Constitution empowers him to, 'if he wished, terminate the inquiry, or even exercise his power to pardon.'... Mr. Trump's broad interpretation of executive authority is novel and is likely to be tested if a court battle ensues over whether he could be ordered to answer questions. The letter also lays out a series of claims that foreshadow a potential subpoena fight that could unfold in the months leading into November's midterm elections.... Mr. Trump's defense is a wide-ranging interpretation of presidential power.... But the lawyers based those arguments on an outdated statute, without mentioning that Congress passed a broader law in 2002 that makes it a crime to obstruct proceedings that have not yet started.... In making their arguments, Mr. Trump's lawyers also revealed new details about the investigation." ...
... Here are the letters from Trump's lawyers, dated Jan. 29, 2018 & June 23, 2017, with annotations by NYT reporters. ...
... Larry Tribe, appearing on MSNBC, called the January letter "all really nonsense." ...
... David Nather of Axios: "The lawyers added a significant admission -- that Trump dictated the statement to the New York Times that said the 2016 Trump Tower meeting, in which Donald Trump Jr. and other advisers met with a Russian who was said to have dirt on Hillary Clinton, was 'primarily' about adoption issues. Trump's lawyers said the statement was 'short but accurate.'" ...
... Junior Lied to Congress. David Corn of Mother Jones: "This is the first time Trump and his lawyers have conceded that he is responsible for the statement [about Junior's infamous meeting to get dirt on Clinton].... The sentence is also striking in that it undercuts the veracity of Trump Jr.'s testimony to Congress.... Trump Jr. certainly did not inform the [Senate] committee that his father had dictated the statement. In fact, he made it seem as if Trump was marginally involved, if at all.... Trump Jr.'s remarks to the committee conveyed an inaccurate impression and can be seen as an attempt to provide cover for his pop. They might even be considered false statements.... On Saturday afternoon, Rep. Joaquin Castro (D-Texas), a member of the House intelligence committee, tweeted, 'Donald Trump is lying or Donald Trump, Jr. lied during the House Intel investigation.'... Castro was referring to Trump Jr.'s testimony before his committee, not the Senate Judiciary Committee. This testimony has not been made public, but the tweet suggests that Trump Jr. took a similar line when he spoke to the House committee...." ...
... Sekulow & Sanders Lied to the Public. Marshall Cohen of CNN: "In their public responses to the news reports ... [of the Trump Tower meeting, Donald Trump's attorney Jay] Sekulow and White House press secretary Sarah Sanders denied Trump [Sr.]'s role. The letter revealed on Saturday puts to bed the question of Trump's involvement, but it doesn't erase the previous denials from the record. Here are those examples.... Sekulow, CNN interview, 7/12/17: 'That was written, no that was written by Donald Trump Jr. and I'm sure with consultation with his lawyer. That wasn't written by the president.'... [Plus 3 more lies.] White House press secretary Sarah Sanders, daily press briefing, 8/1/17: He certainly didn't dictate, but he -- like I said, he weighed in, offered suggestion like any father would do.'" ...
... Mrs. McCrabbie: Mueller's team of course has been aware of these lies to the Congressional committees & to public since at least January 29, 2018, when it received the letter from Sekulow & former Trump attorney John Dowd. Trump Sr. certainly directed Sekulow's & Sanders' misstatements, thus again betraying a "consciousness of guilt." Had there been nothing to hide, Trump Sr. would not have written a false cover story -- the meeting was about adoptions! -- in response to questions by NYT reporters. ...
... Noah Lanard of Mother Jones: "Just before the New York Times published the letter [yesterday], Trump attacked the ongoing Russia investigation by accusing Justice Department officials of leaking:... 'There was No Collusion with Russia (except by the Democrats). When will this very expensive Witch Hunt Hoax ever end? So bad for our Country. Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media? Should be looking at Dems corruption instead?'" Mrs. McC: Since the Mueller team doesn't leak, and since the letters are naturally written in service of Trump, it's most likely that Trump's own team leaked them. ...
... Katherine Faulders, et al., of ABC News: "... Rudy Giuliani threatened a legal battle with special counsel Robert Mueller if he attempts to subpoena Donald Trump. 'If Mueller tries to subpoena us, we're going to court,' Giuliani told ABC News. His latest comments come on the heels of the publication of a 20-page confidential letter sent by Trump's lawyers to Mueller arguing that the president cannot legally obstruct justice in the Russia investigation due to his position as 'chief law enforcement officer.'" ...
... Jonathan Chait: "For most of Donald Trump's presidency, the specter of a coming constitutional crisis has loomed over the Russia investigation. The newly leaked memo by Trump's lawyers ... suggests that such a crisis is not merely a likelihood, but that it has already begun. The memo proposes several tendentious interpretations of the publicly available facts of Trump's behavior, along with some legally questionable and amateurish citations of precedent. But the most important passage is its sweeping assertion of presidential authority.... 'Put simply, the Constitution leaves no question that the President has exclusive authority over the ultimate conduct and disposition of all criminal investigations and over those executive branch officials responsible for conducting those investigations.'... This is l'état, c'est moi rendered as a formal legal case.... Before this is over, either Trump's sweeping claim will survive, or the rule of law will, but not both."
Tom McCarthy of the Guardian consults experts on whether or not Trump's attacks on the DOJ & FBI "represent a threat to democracy.... Shortly after Trump's election, Amy Siskind, a former Wall Street executive, started a website called The Weekly List, seeking to catalogue news stories documenting 'eroding norms under the current regime'. The site, which Siskind said gets up to a million visitors a week and which this year produced a book blurbed by current Trump target Samantha Bee, bears this tagline: 'Experts in authoritarianism advise to keep a list of things subtly changing around you, so you'll remember.'"
Russia Urges You to Wish Trump a Happy Birthday & Hate People of Other Races. Tim Johnson of McClatchy News: "A new Russian influence operation has surfaced that mirrors some of the activity of an internet firm that the FBI says was deeply involved in efforts to sway the 2016 U.S. elections, a cybersecurity firm says. A website called usareally.com appeared on the internet May 17 and called on Americans to rally in front of the White House June 14 to celebrate ... Donald Trump's birthday, which is also Flag Day. FireEye, a Milpitas, Calif., cybersecurity company, said Thursday that USA Really is a Russian-operated website that carries content designed to foment racial division, harden feelings over immigration, gun control and police brutality, and undermine social cohesion. The website's operators once worked out of the same office building in St. Petersburg, Russia, where the Kremlin-linked Internet Research Agency had its headquarters, said Lee Foster, manager of information operations analysis for FireEye iSIGHT Intelligence." (Also linked yesterday.)
Trey-Trey Finds out the GOP Can't Handle the Truth. Kyle Cheney of Politico: "Rep. Trey Gowdy has been a pitbull investigator for Republicans for years. Now, he's is in ... Donald Trump's doghouse for daring to challenge the president's unsupported claim that Democrats and their sympathizers in the FBI embedded a spy in his 2016 campaign. Trump allies have been pummeling Gowdy in recent days, branding him a gullible or clueless backer of the intelligence community. Trump's personal attorney, Rudy Giuliani, labeled him 'uninformed.' Another Trump-tied attorney, Victoria Toensing, said Gowdy 'doesn't know diddly-squat' about the particulars of federal investigations. And Fox News host Lou Dobbs tagged him a 'RINO' -- a term for a fake Republican.... Now, after years shouldering the House GOP's weightiest and most politically explosive investigations, he's again drawn the ire of Trump-world. And this time, he's virtually alone, getting little support from his House colleagues." (Also linked yesterday afternoon.)
Mark Landler & David Sanger of the New York Times: "President Trump never tires of pointing out that his predecessors left him the 'mess' of a nuclear-armed North Korea -- a legacy of errors he vows not to repeat. But as Mr. Trump announced Friday that his summit meeting with Kim Jong-un was back on, there were moments when he echoed Bill Clinton in his failed effort to settle another North Korea crisis nearly a quarter century ago. Rather than sticking with the demand that North Korea disarm immediately, Mr. Trump opened the door to a prolonged freeze on the North's existing nuclear capability, with vague declarations that disarmament will follow. That is essentially the deal Mr. Clinton embarked on with Mr. Kim's grandfather, Kim Il-sung, in 1994. Rather than warning that he would keep the younger Mr. Kim's feet to the fire with sanctions until he complies, Mr. Trump said after meeting in the Oval Office with North Korea's spy chief that he no longer wanted to use the term 'maximum pressure,' a phrase drilled into the vocabulary of his aides for the past year. And rather than keeping a single-minded focus on nuclear weapons, Mr. Trump suggested that the most tangible outcome of his meeting in Singapore might be some kind of peace agreement to formally end the Korean War -- a lofty idea that featured in a 2005 joint statement that inaugurated George W. Bush's failed effort with Kim Jong-il, the current leader's father, to halt the North's nuclear progress."
Thomas Gibbons-Neff of the New York Times: "Secretary of Defense Jim Mattis harshly criticized the Chinese government on Saturday for its continuing militarization of a string of islands in the South China Sea, calling the new presence of advanced military equipment and missiles there a flagrant show of military power. 'Despite China's claims to the contrary, the placement of these weapons systems is tied directly to military use for the purposes of intimidation and coercion,' Mr. Mattis said during a speech on Saturday at the annual Shangri-La Dialogue, a regional security conference. Mr. Mattis recently disinvited the Chinese military from a large, multinational naval exercise this summer due in part to China's positioning of those weapons, including antiship and surface-to-air missiles, on the Spratly Islands."
Crooked Trumpery. Paul Krugman: "Even if you believe in the sanctity of free markets -- which you shouldn't -- you should recognize that markets are now driving a great transition to clean energy. So is the Trump administration accepting this market verdict? Of course not: as with trade, it's abusing powers granted to defend national security on behalf of destructive policies that have nothing to do with security. In this case, it's planning to force clean energy to subsidize dirty energy. Why? Probably the main reason is sheer corruption: coal moguls are key Trump backers, and he's trying to reward them. But there's also, I suspect, the sheer meanspiritedness that characterizes modern conservatism: 'Liberals want clean energy? Hah! We'll show them!'" (Also linked yesterday afternoon.) ...
... Eric Levitz: "As with so many other myths about American conservatism, the Trump era has turned the GOP's supposed reverence for 'small government' into dark comedy.... Now, the Trump administration is preparing to unilaterally bestow massive subsidies on unprofitable coal companies by invoking extraordinary executive powers that can only be legally exercised in the context of a national-security emergency.... More fundamentally, propping up the coal industry on 'national security' grounds is patently absurd, given that the Pentagon has named climate change as a leading threat to national security.... The Trump administration is ... trying to bail out failing coal plants for ... its corporate donors' financial benefit.... The Trump administration is proposing measures that would hurt voters economically and damage the environment simultaneously."
Medlar's Sports Report. Lindsay Gibbs of ThinkProgress: "... a Wall Street Journal report confirmed what most have long suspected: That ... Donald Trump's public outrage about NFL players protesting police brutality and systemic racism during the national anthem at football games heavily influenced NFL owners to change the rule, and discouraged them from signing players who would protest.... Mark Geragos, the lawyer representing [Colin] Kaepernick in his collusion lawsuit against the NFL..., believes that both the anthem rule change and the information about Trump's influence on NFL owners will go a long way towards helping him prove that the NFL and NFL owners colluded to keep Kaepernick out of the NFL, despite the fact that he had the talent to be a starting quarterback in the league. Geragos also believes that Trump's direct influence over NFL owners on this issue violates federal law. U.S. Code 227 says that members of Congress or the executive branch cannot 'wrongfully influence a private entity's employment decision ... solely on the basis of partisan political affiliation.'"
Stephanie Nebehay of Reuters: "Poverty in the United States is extensive and deepening under the Trump administration whose policies seem aimed at removing the safety net from millions of poor people, while rewarding the rich, a U.N. human rights investigator has found. Philip Alston, U.N. special rapporteur on extreme poverty, called on U.S. authorities to provide solid social protection and address underlying problems, rather than 'punishing and imprisoning the poor'. While welfare benefits and access to health insurance are being slashed..., Donald Trump's tax reform has awarded 'financial windfalls' to the mega-rich and large companies, further increasing inequality, he said in a report. U.S. policies since President Lyndon Johnson's war on poverty in the 1960s have been 'neglectful at best,' he said. 'But the policies pursued over the past year seem deliberately designed to remove basic protections from the poorest, punish those who are not in employment and make even basic health care into a privilege to be earned rather than a right of citizenship.'..."
Eric Lipton of the New York Times: "The lobbyist whose wife rented a $50-a-night condo to Scott Pruitt, the head of the Environmental Protection Agency, has revised his disclosure reports after his firm concluded he had not properly disclosed additional efforts to influence Mr. Pruitt and the agency -- including appeals when Mr. Pruitt was living in the condo. The lobbying firm, Williams & Jensen, has refiled lobbying disclosure reports from 2017 to acknowledge that Steve Hart, the firm's former chairman, lobbied the E.P.A. on behalf of Coca-Cola and a government board from Puerto Rico helping the island address its fiscal debts. Lobbyists are legally required to disclose which agencies they target and the topic of their lobbying work. The revisions come after an outside review of the activities of Mr. Hart, whose wife, Vicki Hart, rented the condo to Mr. Pruitt. The E.P.A. chief lived in the unit from shortly after his confirmation in February 2017 until August 2017. Previously, both Mr. Hart and Mr. Pruitt -- in defending the condo lease as not representing a conflict of interest -- had said that Mr. Hart never lobbied Mr. Pruitt." (Also linked yesterday afternoon.)
Congressional Race. Fever Swamp Edition. Steve M. As the HuffPost reported, 'Nathan Larson, a 37-year-old accountant from Charlottesville, Virginia, is running for Congress as an independent candidate in his native state. He is also a pedophile, as he admitted to HuffPost on Thursday, who has bragged in website posts about raping his late ex-wife. In a phone call, Larson confirmed that he created the now-defunct websites suiped.org and incelocalypse.today ― chat rooms that served as gathering places for pedophiles and violence-minded misogynists like himself....' Larson is eligible to run for office because he lives in Virginia, where former governor Terry McAuliffe restored voting privileges to released felons, and also restored their eligibility to run for office. (Headline at the Daily Caller: 'PEDOPHILE WHO THREATENED TO KILL PRESIDENT NOW RUNNING FOR CONGRESS THANKS TO TERRY MCAULIFFE.' The photo accompanying the article is one of McAuliffe, not Larson. The president Larson threatened to kill was, by the way, Barack Obama. Larson's felony conviction was in that case.)"
Beyond the Beltway
Kris Kobach Is Still an Idiot. Hunter Woodall & Mike Hendricks of the Kansas City Star: "Kris Kobach [-- Kansas AG & candidate for governor] made his way through a parade in Johnson County Saturday morning, waving from an American flag colored jeep with a large gun mounted in back. The city of Shawnee later issued an apology for Kobach's display.... [Parade-goers & social media commenters] found the display inappropriate in a crowd filled with kids at a time when many of them ... are scared that they might be victims of a school shooting.... Kobach's campaign was quick to defend the candidate's decision to wave at the crowd standing next to what appeared to be a .50 caliber machine gun. 'The gun is a replica,' Kobach spokeswoman Danedri Herbert said in a text message. 'The Secretary says those who use the excuse of school violence to restrict the right to bear arms are deeply misguided. We need to stand up for ou Second Amendment rights and recognize the only thing that stops a bad guy with a gun is a good guy with a gun.'"
Way Beyond
David Herszenhorn of Politico: "Spanish socialist leader Pedro Sánchez was sworn in as prime minister Saturday morning by King Felipe VI. The new premier took the oath of office at a ceremony at the Zarzuela Palace on the outskirts of Madrid. According to El Pais, it is the first time the ceremony was conducted without Bible or crucifix. Sánchez used the word 'promise' rather than 'swear' in taking the oath of office, in accordance with legal language adopted to allow separation between church and state.... Sánchez won enough backing in parliament Friday for a motion of no confidence in his predecessor Mariano Rajoy, shortly after a court ruling in a graft scandal involving former officials from the prime minister’s Popular Party. Rajoy is the first Spanish leader ever to be ousted in a no-confidence vote." (Also linked yesterday afternoon.)
AND It Turns out Sherlock Holmes Is a Man of Action. Shannon van Sant of NPR: "Actor Benedict Cumberbatch, who plays detective Sherlock Holmes in the television series Sherlock, foiled an attempted robbery by fighting off a gang of muggers in London. The attack occurred near his fictional character's home on Baker Street. Cumberbatch and his wife, Sophie Hunter, were riding in an Uber when the 41-year-old actor spotted the attempted mugging on Marylebone High Street and jumped out of the vehicle. Four muggers were attacking a Deliveroo cyclist and attempting to steal his bicycle. According to witnesses, Cumberbatch screamed at the attackers and then dragged them off of the victim."
News Lede
New York Times: "Rescuers said on Sunday that dozens of migrants had drowned off the coasts of Tunisia and Turkey, while hundreds had been rescued off Spain, as the flow of people seeking to get to Europe continued despite tightened controls. At least 46 migrants died when their boat sank off Tunisia's coast, the country's Defense Ministry said on Sunday. The Coast Guard rescued 67 others, and the operation was continuing, the ministry said in a statement."
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Reader Comments (12)
My guess:
Trump's "summit" will produce basically the same "denuclearization" outline as Bill Clinton's attempts, with a McDonald's chain thrown in for good measure (never underestimate the power of the hamburger!). Trump will then crow across the country during the midterms about WINNING! and praising his capacity for (self) DEALING! "We made a deal, folks (a.k.a. rubes). It was so easy, nobody knew!"
Except this time, Trump is going to heap adulation and praise on Homicidal Kim regularly, regardless if any advancement occurs in the North Korean side. Drumpf will end his term with a nuclear North Korea with sanctions being lifted and little progress made besides a perverted budding friendship between two of the world's most despicable leaders. Maybe Trump will even visit his Excellency in Pyongyang and get a photo coup of him and lil Kim munching on a Bigmac with a thumbs up! Great PR for McDonald's too (Trump will demand licensing agreements if they should try to use it, obviously).
@safari: Yeah, a real blow to Ronald McDonald. Old McDonald, the American king, will replace Ronald as the image of the fast-food chain in North Korea. I guess it won't matter much to the few North Koreans who can afford to buy Big Macs & fries -- a clown is still a clown.
Way to go Cumberbatch! What a guy––jumps out of the car and saves the day–-more like Superman than Holmes, I'd say.
Perfect Sunday read: Elizabeth Drew writes on the John McCain she knows–- gives us a look back at his trajectory into politics, plus gives us some insightful comments about other politicians.
https://newrepublic.com/article/148654/john-mccain-know
"McCain retained top staff members longer than almost anyone in the Senate–-a measure I apply to elected members to ascertain what kind of person they are."
I respectfully disagree with Philip Alston, UN special rapporteur on extreme poverty, when he says that the trump administration policies are designed to "punish those who are not in employment..."
Failing to mention the millions of workers who are working as many hours as they are allowed, many times at multiple jobs, and still not able to make ends meet, lets the "righteous" Right say: "See, it's only those lazy people!"
This week's not-a-sermon, but another LTTE, submitted last week.
"In his recent letter Mr. _____ presents an interesting take on the degree to which the expression of political opinions should be allowed in the workplace.
He doesn’t think professional football players should kneel during the national anthem because they are paid to play football, not to make political statements. That seems simple enough.
I wonder, though, if we wish to live in a world where workers must always leave their right to free speech at the workplace door--and sometimes far beyond it.
The NFL’s case is complicated. Before 2009, players were not required to stand on the sidelines to observe the pregame anthem. Then as a recruiting tool, the Defense Department began spending millions of dollars heightening the military presence at NFL events in order to strengthen the association between “America’s game” and patriotism. To the degree that effort succeeded, it could be said that much of the “entertainment” the writer doesn’t want sullied by political expression is already presented in the trappings of patriotic ritual.
The speech in the workplace issue is further muddled because free enterprise has always been much freer for some than for others. Despite laws to the contrary, in practice the freedom to express political opinions in the workplace is most often reserved to owners and managers (thenation.com). Wielding their continued employment as an implied club, some employers even direct their employees how to vote (vox.com).
I’m reminded of one of the most disturbing things I ever heard. Years ago, a woman called me to thank me for something I wrote in one of my letters. I thanked her in turn for calling, then added, “You know, you should write a letter yourself.”
“No,” she said, “my employer wouldn’t like it.”
Her words chill me to this day. They should chill us all.
To lighten your Sunday, a few excerpts from this morning's "Trump Breaking News," which I shudder to think many across the country are reading and taking seriously.
"The big question: Is there a mole currently in the White House? More than one?
We’re betting as this investigation unfolds Congress is going to uncover an entire nest teeming with informants itching to subvert the president at any cost.
There’s evidence that high-ranking officials from the FBI, the Justice Department, CIA, and other government agencies are in the pocket of the Deep State — America’s dangerous shadow government.
This is the very organization bent on destroying Trump.
Maybe you haven’t heard about these elite government officials who have a blood oath with this dangerous underground organization:
Comey, Lynch, Hillary, Obama, McCabe, Sessions — the list goes on and on. How they’re all deeply interconnected and intertwined will blow your mind guaranteed.
This is why you must read Dr. Jerome Corsi’s new book Killing the Deep State — already a New York Times best-seller.
Seriously . . . you can’t make this stuff up."
I couldn't. But somebody obviously can. Haven't come across this kind of language since the Doc Savage potboilers.
And couldn't help but picture all the intertwining....but I'll stop before this spills over into the confessional.
@Ken: the phrase, "You can't make this stuff up" is by now passé, I would think, given the fact that the whole of this presidency is pretty much based on "making stuff up." Remember how we used to say–-a lot–-such and such was "unbelievable!" We, sadly, have moved on to horror, dismay, disgust, panic etc.
Your telling us that Dr. (really? of what, pray tell) Jerome Corsi's book is on the best seller list just spoils my Sunday––talk about making things up–-looks like this guy has quite an imagination; deep state indeed,––he seems to be wallowing in it.
Not to worry, PD.
The Right's money machine buy carloads of such books to balloon their sales. Then they moulder in some New Jersey warehouse.
One thing I didn't excerpt from the post: The Winger Deep State is GIVING the things away, which I take as a fair estimation of their real popularity and worth.
Now maybe you can have the good Sunday you deserve.
Also -- those books don't work well as TP but make fine kindling.
Corsi is the Washington DC correspondent for Infowars. That tells
us a lot about him.
And anyone I know with a PhD don't call themselves doctors.
Doctors have offices and see patients. PhDs write books or teach,
or both.
Ken,
Doc Savage! That name instantly transports me back to adolescence. My brother and I devoured dozens of those pulpy bon bons (bon bons at least to a twelve year old). The titles, “Death in Silver”, “The Mystic Mullah”, Fear Cay”, “Resurrection Day” we’re matched by the James Bama cover art for fantastical pulp-a-rama attraction.
Doc was everything Trump is not. Smart, decent, in great shape, a fighter for democracy, a true leader, ethical and moral ( without being preachy).
As we get closer to the solstice, I’m reminded of all those summers gone by when we could swallow life whole. Summer books, summer music, baseball, bikes, pals, summer adventures (even just a walk through the woods or an abandoned house was full of mystery).
Anyway, with the name “Trump” lugging around so many vile and reprehensible connotations, it’s nice to be reminded of a name that connects me to so many good ones.
Thanks.
And thank you, Akhilleus. Glad I could help.
Ah, you so well express the romance of childhood summers!
Came across this when I got home from signature gathering for a WA State carbon tax initiative.
The latest from "Trump Breaking News," an earlier edition with which I already assaulted RC'ers:
"8 Ways to Lower Your Blood Pressure Without Medication"
Two thoughts. The demographic the site is designed to appeal to....and secondly, with the Pretender holding forth daily, that would be all of us.
Won't click to find out what the 8 ways are, but am guessing an immediate impeachment won't be on the list, tho' it should be at the top.