Monday, May 07, 2018

"Yoo made me do it"


Probably the worst argument for promoting Haspel to head the CIA

I can't directly connect Gina Haspel to the torture of Abu Zubaydah, since she was not the Chief of Base at Detention Site Green in Thailand in from March through August, 2002 (she took that position in October of 2002).  To refresh your memory of what we mean by "torture," I would advise this account of what Abu Zubaydah suffered, for no purpose, during those months, in the name of We, The People.  She wasn't present for Mr. Zubaydah's torture, but she was there as COB for the torture of Abdul al-Rahim al-Nashari.  Mr. Zubaydah was waterboarded 83 times in four months.  He is still in U.S. custody, but his condition is classified.  His lawyer is only authorized to report this:

Because of what he was made to endure, Abu Zubaydah suffers from frequent seizures, the origin of which cannot be determined. He is tormented by sounds that others do not hear, and cannot remember simple things that others cannot forget. Because his condition is classified, there is much about his welfare that the United States will not let me say. They have authorized me to report, however, that I am “very concerned.”

Zubaydah's lawyer also notes:

Other questions surround her role in the destruction of nearly 90 videotapes of my client’s torture, as well as several showing the torture of al-Nashiri. Again, the public record is ambiguous. On the one hand, there is no question that Haspel signed the cable directing that the tapes be destroyed. This is an exceedingly serious matter, not simply because it led to the destruction of irreplaceable evidence, but because at least one federal judge had explicitly ordered that the tapes be preserved. If Haspel deliberately violated the order of a federal judge, she could — and should — be held in contempt of court.
As for the destruction of those videotapes, they didn't involve just the torture of Abu Zubaydah:

Haspel moved to cover up the agency’s operations at the Thai base. The chief of base told the security officer “to burn everything that he could in preparation for sanitizing the black site,” Mitchell wrote in his book, “Enhanced Interrogation: Inside the Minds and Motives of the Islamic Terrorists Trying to Destroy America,” which was published late last year.

According to Mitchell’s account, the security officer asked the chief of base whether he should include the tapes; he was told to hold off until “she” could check with Washington.

She was told to retain them. A few years later when she was back in Washington and chief of staff to the director of operations for counterterrorism, Jose Rodriquez, the man who had sent her to Thailand, she continued to lobby for destruction of the tapes.

“My chief of staff drafted a cable approving the action we had been trying to accomplish for so long,” Rodriquez writes in his memoir. “The cable left nothing to chance. It even told them how to get rid of the tapes. They were to use an industrial-strength shredder to do the deed.”

Without approval from the White House or Justice Department, Rodriquez gave the order.

In a twist of fate, destroying the tapes drew more outside scrutiny of the program. Disclosure of the shredding prompted the Senate Intelligence Committee to begin its long-running examination of the torture program. The result was a 7,000-page report that drew on thousands of highly classified cables relating to the Bush administration’s rendition and detention program and concluded torture was not effective.  
It's always the cover up, isn't it?  The CIA's defense of its action is that the tapes were not necessary, that detailed records were preserved:

Remarkably, the CIA argued that it did not need to preserve videotapes of its “enhanced interrogations” — torture sessions with suspects that involved methods like wall slams, confinement boxes, and waterboarding — because they were like formal government meetings, and therefore less stringent guidelines applied when it came to preserving records of such a “meeting.”
...
 In the correspondence they show, the CIA maintained that it was justified in destroying the tapes of torture sessions because it preserved cables and transcripts that, in its own judgement, accurately depicted what was on the tapes. In other words, the CIA argued that it could destroy the videotapes because it still had a record of what was on them — albeit in written, not recorded, form.
Go back and read just the summary of the torture of Abu Zubaydah for 4 months, and consider how much more graphic and disturbing it would be to watch the videotapes of those sessions.  Then consider what it means to appoint someone like Gina Haspel to head the CIA in the Age of Trump. the age in which, as John McCain puts it:

“The appearance of toughness, or a reality show facsimile of toughness, seems to matter more than any of our values.”
And a bit more pointedly:

“His lack of empathy for refugees, innocent, persecuted, desperate men, women and children is disturbing. The way he speaks about them is appalling,” said McCain, who still chairs the Senate Armed Services Committee despite his long medical absence from Washington.
.....

“The world expects us to be concerned with the condition of humanity. We should be proud of that reputation,” McCain said. “I’m not sure the President understands that.” 
Quite plainly, the President does not; the nomination of Gina Haspel to head the CIA is further proof of that.

Sunday, May 06, 2018

So, Emmett Flood is gonna fix this for Trump, right?



Right?



Will he do it by replacing Giuliani?

Former New York Mayor Rudy Giuliani was reportedly huddled with his client, President Donald Trump, at Trump National Golf Club in Virginia on Sunday afternoon after appearing on ABC for a widely-panned morning show appearance.

Getting up to speed on more facts, I guess.

This is like documenting a train wreck happening in slow-motion.  And I thought Nixon was evil and corrupt; he's beginning to look like a choir boy.  And I'm beginning to realize he almost got away with it, and Trump is being caught out more by his incompetence than by the "system" working.

Why Nobody Wants Trump At Their Funeral



On Friday, Trump also managed to disgust the French by acting out the 2015 terror attack at the Bataclan concert hall in Paris. He used his finger as an imaginary gun and said, “They took their time and gunned them down one by one. Boom! Come over here. Boom! Come over here. Boom.” He insisted armed civilians could have stopped the attack that killed a total of 130 people.

Paris mayor Anne Hidalgo blasted Trump’s comments as “contemptuous.” Former French president Francois Hollande called his remarks “shameful” and “obscene” in a tweet.
And remember this?


“We are fixing and building walls, but we need much more money,” he said at a Cleveland event touting his tax law Saturday. “We may have to close up our country to get this straight, because we either have a country or we don’t.”
The man has no respect for anyone, or anything, including good sense.

Saturday, May 05, 2018

Still pathetic after all these days


Non sequitur, much?  (This one really just makes me laugh.)

The white evangelicals least tolerant of Trump appear to be women.

According to data that the Pew Research Center provided to The Washington Post in March, support for Trump among white evangelical women in polls has dropped about 13 percentage points, to 60 percent, from their level of support about a year ago. Among all women, there has been an eight-point drop.

Republicans do not risk losing white evangelicals as a whole to Democrats. But every percentage point counts, and considering how close recent congressional races have been, Trump cannot really afford for any of his supporters to stay home. And perhaps more importantly, there is far more to evangelicalism than American elections. Whether people will have much interest is not yet clear.
May need to try harder.
Hold his breath?  Refuse to eat his vegetables?  Play more golf?  Pretty much the same results as Trump issuing a "demand" of Congress right now.

“He’s a professional liar that will say anything to appease whatever crowd he’s at,” [Cameron Kasky] the senior attending Marjory Stoneman Douglas High School in Florida explained. “If he’s in front of families he might say something in support of common sense gun reform. But then when he’s at the NRA, he’ll say something to get a big cheer.”

“The NRA convention is like Comic-Con, you only really get the die-hard fans,” he continued. “The average American NRA members, who perhaps only got a membership to the NRA free with the purchase of a handgun, they’re not showing up and they’re not holding Trump accountable for what he needs to talk about. They aren’t going to this dog and pony show that Trump and Pence are going to.”

“It’s a celebration really and I hope they’re having fun this year,” he added. “But the average members of the NRA, they don’t agree with Trump’s stance on guns. They don’t agree with NRA board member Ted Nugent saying that Democrats and liberals need to be shot in the street like dogs. This is all a spectacle; Trump trying to appeal to a crowd of people who really, really like weapons that shoot bullets fast.”
It's not just a high school senior who says you're full of shite (that's gotta hurt, right?); the world was listening:

US President Donald Trump has criticised the level of knife crime in London, comparing one of the city's hospitals to a "war zone".

His comments came in a speech to the National Rifle Association (NRA), in which he defended US gun laws.

He also told the firearms lobby's conference in Dallas, Texas, that American gun rights were "under siege".

Mr Trump is due to visit the UK this summer, after previously cancelling a trip amid calls for mass protests.

"I recently read a story that in London, which has unbelievably tough gun laws, a once very prestigious hospital right in the middle is like a war zone for horrible stabbing wounds," he said on Friday.

"They don't have guns. They have knives and instead there's blood all over the floors of this hospital.

"They say it's as bad as a military war zone hospital. Knives, knives, knives, knives." He mimed a
stabbing motion.

"London hasn't been used to that. They're getting used to it. It's pretty tough."
But the world, like the rest of us here, didn't know what he was talking about:

Marian Fitzgerald, a criminologist at the University of Kent, said although there had been a spike in knife-related deaths in London, it was a separate issue to gun control.

She told BBC Radio 4's Today programme: "It's just politically convenient, in a speech to the gun rights lobby, to try and make those comparisons and they are totally spurious.

She added: "If he needs reassurance, Donald Trump is going to be much safer in London than he would be at home." 
 Maybe this is why our President is so popular:

On Saturday, The New York Times reported that the White House had been informed that President Trump would not be welcome at the anticipated funeral for Sen. John McCain (R-AZ), who has been battling brain cancer.

“His intimates have informed the White House that their current plan for his funeral is for Vice President Mike Pence to attend the service to be held in Washington’s National Cathedral but not President Trump, with whom Mr. McCain has had a rocky relationship,” The Times explained.

This has been a pattern for the embattled White House.

In April, President Trump was not welcome at the funeral of former First Lady Barbara Bush, who was “repelled” by the 45th president. Trump instead spent the day of the service golfing and tweeting.

In December, it was reported that UK Prime Minister Theresa May’s government was worried about negative reactions when Trump would not be invited to the upcoming nuptials between Prince Harry and Meghan Markle.
SAD!

Even sadder (Just when I think I'm out, they drag me back in!):


Maybe not such a good idea, that:

“I think it is pretty obvious to anyone who has ever spent five minutes negotiating with the North Koreans that you do not announce things that have not happened,” said Christopher Hill, a former State Department official who led the U.S. delegation in the six-party talks with Pyongyang during the George W. Bush administration.

“I understand they take pride in doing things differently,” Hill said of Trump’s team. “But this is serious business — people’s lives are at stake. It just takes a little bit of discipline.”

And yes, this even involves Giuliani:

On Thursday morning, Rudolph W. Giuliani, the former New York mayor who has joined Trump’s legal team, said on Fox News, while defending Trump in the controversy surrounding adult film actress Stormy Daniels, that the Americans would be freed by the end of the day.

They were not.

Giuliani later confessed that he did not have inside information and had not even spoken to Trump
about it, saying he was basing his prediction on “newspaper accounts.”

“I wasn’t made secretary of state, so I’m not conducting foreign policy,” Giuliani told BuzzFeed News. “We made that comment in the context of, ‘Will you stop interfering with this guy? He’s got other things to do.’ ”
.....
Foreign policy experts said it is likely the North will release them as a goodwill gesture. However, they cautioned that even if Trump has a guarantee of their release, their physical condition remains unknown, and speaking publicly about their fate could make the hostages a more important leverage point for Kim.

“The more public you make it and the more you say something is going to happen that has not happened, it creates leverage for no reason,” said Jung Pak, a former CIA official who now works as an Asia analyst for the Brookings Institution. “It’s not going to get us anything, and it draws criticism that you are politicizing the detainees.”

Joseph Yun, who as the State Department’s former point man on North Korea brought Warm­bier home to Ohio, said Thursday on CNN that administration officials talking about the three Americans publicly could jeopardize efforts to free them.
It even involves his speech in Dallas:
But speaking at the National Rifle Association conference in Dallas on Friday, Trump accused the Obama administration of having a general “policy of silence” when it came to North Korea.

“Everybody said, ‘Ohh, don’t talk, please don’t talk,’ ” Trump said. “ ‘Don’t talk! You may make them and him angry! Don’t talk! If a horrible statement is made about the United States, don’t say anything. No comment.’ ”

He added dismissively: “Please, please, oh my God.”

Yeah, it's not like your kids are being held captive in North Korea, right?

“When we talk about North Korea, in general, we tend to forget we’re talking about people, and these abductees have families who have been anxiously awaiting their return and are only relying on governments to do that,” said Pak, the former intelligence official. “It would be best to be circumspect in discussions like this. We’re talking about real lives.”

Trump really is an asshole.  I realize that isn't very pastoral of me, but:  damn!  He really is!

My Two Cents

I'm pretty sure the copper is worth more than my opinions....

I should do this article more justice and read the whole thing and respond to it, but since when is this a just world?  Instead, I'm going to copy the bits TC posted at his blog, and add to what he says there.  Think of this, then, as an extended comment to that post.

First, the quotes:

More than 13 years ago, in a homily given at the conclave that would later elect him Pope Benedict XVI, Cardinal Joseph Ratzinger spoke of a growing “dictatorship of relativism that does not recognize anything as definitive and whose ultimate goal consists solely of one’s own ego and desires.” The urgent call for a return to truth-based religion, far from repelling the cardinals, distinguished Ratzinger as the frontrunner for papal office.

Ratzinger’s papal platform did not prove broadly appealing. The secular pundits of the last decade often ignored his warning as the scare tactic of a dogmatist unable to adjust to the benign pluralism of a world that had, in keeping with Kant’s rallying cry, “dared to think.” I doubt the pope emeritus has much energy nowadays to follow the many instructive ironies of the Trump era; but if he did, he might take just the tiniest bit of satisfaction in seeing not just the religious right but also the secular left denouncing a growing “dictatorship of relativism.” Ratzinger’s distinctive emphasis on freedom’s need for truth, in other words, may have come not too late but too early to find a bipartisan hearing in the United States.

It is here I will pause and just bring up the conclusion of TC's post, which I think is as sound as anything you'll read on the internet today:

For the record, I've noted any number of times that arch conservatives though they were, Benedict XVI and John Paul II were far more radical than just about any secularist leftist on the issues of economic justice, Pope Francis is far more radical on that and many other vitally important issues, certainly on environmental catastrophe.  I'll bet you that there is little to nothing more realistically radical that issues from the upcoming Left Forum than the various documents that have come from the Vatican in the last five years.

Take that idea to heart, that JPII and Benedict XVI were as radical on some points as Francis I, and you will finally be understanding things more clearly.  You certainly aren't going to get that from Bill Maher (who I saw interviewed last night on some program PBS aired.  Maher was sure to praise himself as "dangerous."  I think of Maher as being as dangerous as a butter knife, and about as sharp. But his comments get played on the internet, while Maher continues to confuse his ignorance of Catholic social justice teachings with wisdom).

Back to Pidal:

The irony in this evolution of U.S. culture, Andersen notes, is not that ivory-tower insanity failed to remain confined to the academy but that postmodernism took deepest root in the sector of society that is normally most suspicious of university elites. The new communication vectors of social media and talk radio, with their broad accessibility and immunity from peer review, accelerated the rightward movement of the belief that all reality is socially “constructed” to such an extent that “starting in the 1990s, America’s unhinged right became much larger and more influential than its unhinged left.”

As evidence of the right’s proclivity toward fantasy, Andersen recalls its many paranoia-based enthusiasms: fear of one-world government, gun-control fanaticism, seven-day creationism, climate-change skepticism and more. Perhaps the most insightful aspect of Andersen’s narrative is his conclusion that right and left extremes have now met: “Neither side has noticed, but large factions of the elite left and the populist right have been on the same team.”

Or, as Nietzsche supposedly said:  Those who pursue dragons too long become dragons themselves.  It's an old notion (I learned it in college, anyway), that opposing parties at their extremes are barely distinguishable from one another, which is one reason those extremes fight their "opposition" so fiercely.  Nobody fights against someone else as fiercely as those who seem to be most like us.  Just because it's not new, doesn't mean it isn't insightful, or even wisdom.

Before we go to the next quote, I'm reminded of a passage I read recently (somewhere on the intertubes, and I couldn't recover it now if I had to) that slightly (and almost slyly) blamed Michel Foucault for the creeping relativism of the American right.  Foucault, the argument went, championed the idea of knowledge held by the fringes of society being suppressed by the powers that be.  Basically, the victors write the story of history (again, there's nothing new under the sun).  This, of course, is the basis of feminist readings of the Bible, and of many readings that find the emphasis of Jesus of Nazareth on the poor and the outcast, rather than on saving souls from eternal damnation and upholding whatever social/political structure is in power.  Are these things right? Or wrong?  Truth remains, in some sense, maddeningly relative; or not.

Examples of the secular left’s re-enchantment with objective reality abound. Professor Mark Lilla of Columbia University was perhaps the first out of the gate with his interpretation of Hillary Clinton’s defeat as “the end of identity liberalism” in a New York Times article in November 2016. Obsession with diversity has produced, he laments, a “generation of liberals and progressives narcissistically unaware of conditions outside their self-defined group.” Donald J. Trump’s victory shows that this has ultimately “encouraged white, rural, religious Americans to think of themselves as a disadvantaged group whose identity is being threatened or ignored.” The way back for Democrats, accordingly, lies in recovering a rhetoric of the common good and a shared destiny. Though Lilla does not use the language of “natural” or “objective” morality, he presupposes their reality. For how can a good be common, or a destiny shared, unless it is somehow discernible by all reasonable people?

Here I have to quote TC again, because the problem with identifying a false location for judging truth as relative v. universal, is just where you decide "universal" lies:

Just as a start, when in post-war history didn't "white, rural, religious Americans" NOT think of themselves as a disadvantaged group "whose identity is being threatened or ignored."  Only someone who has never much looked at the history of the United States could make that claim that that's a reaction to the "identity politics" of the last several decades.  I'd wonder how Pidal didn't manage to notice such things as the populist movement of the late 19th and early 20th century, the white backlash that followed the all too brief Reconstruction period,  pretty much the rise of the formal Fundamentalism in Protestantism.

In the one place he mentions populism, it's today's populism,

Well whaddya know, Pidal does mention Foucault, and pretty much in the way that article I read mentions him:  wrongly, crudely, and dismissively:

But perhaps the most ambitious and far-reaching truth-based criticism of the Trump-era United States can be found in Kurt Andersen’s article for The Atlantic, “How America Lost its Mind,” in September 2017. Andersen combines Guthrie’s charges of fantasy with Lilla’s narrative of the rightward migration of the left’s intellectual extravagances. Yes, he concedes, the 1960s, the Eden of the baby-boomer liberals, were in many ways a retreat from reality into fantasy. In the 60s, the Esalen Institute (which even today identifies itself as a “world-wide network of seekers who look beyond dogma to explore deeper spiritual possibilities”) became a kind of epicenter for an endless variety of ecstatic, dionysiac mysticisms. Shamanic rituals, mescaline consumption, healing energies and tantric sex all combined to form the potent spiritual cocktail known as the New Age movement.

In Lilla’s telling this kind of magical thinking eventually found its academic expression in a mania for “deconstructionism.” Michel Foucault’s seminal argument in Folie et Déraison—that the difference between sanity and insanity rests entirely on social convention and that the very distinction serves only to legitimize hierarchies of domination—has set the research and teaching agendas of humanities professors ever since. Many students, even at Catholic universities, graduate more familiar with the principle that “all distinctions are violent” than with St. Paul’s vision of the church as a many-membered body.
Andersen is badly generalizing there (similar to what I heard Maher do on the PBS interview.  A story about a group of college students protesting an appearance by Jerry Seinfeld was turned into "everyone under the age of 25" and "on the left" is crazy.  Yeah, we talk like this all the time, ignoring the importance of facts and nuance.  The shooting at Kent State, for example, involved non-protesting students on the campus, and a small number of protesting students of the whole student body.  Yet to hear the story, the entire student body was in uproar, the campus near in flames, the National Guard the "thin blue line" of "law and order.")  Generalizations turn truth into crap, but we like crap better.  Andersen describes all Baby Boomers, or thinks he does, and in doing so ignores the "Jesus Freaks" who closed out that decade; people looking for something to believe in, and settling on yet another version of evangelical Christianity (which is as American as cherry pie).   Mark Lilla's reduction of Foucault's work is just flaming ignorant, as is the dismissal of "deconstruction" (which has nothing to do with Foucault, who argued publicly with Derrida, the creator of that philosophy).  The irony is that one of the most insightful religious thinkers of the 20th and 21st centuries was Jacques Derrida.  And need I say the idea that "all distinctions are violent" is not that far removed from:  Those who would be first of all must be last and servant of all.  Speaking, not coincidentally, of radical notions.  Then again, so is "Give Caesar what is Caesar's, and God what is God's."

I really don't think "po-mo" thinking has infected the hills and hollers of West Virginia; I think the problem is far more fundamental.  A reporter on NPR this morning spoke of talking to people at the NRA convention in Dallas.  He said he met one man who was convinced the "moral outrage" after Parkland shooting was "concocted and fake."  The reporter said he confronted the man with the stories of people he (the reporter) had interviewed after Parkland, and that their stories were true. The NRA attendee was amazed to hear this; the reporter concluded the man got his news from NRA-TV and Rush Limbaugh and FoxNews.  It doesn't take a course in Foucault to trace out that relativism.  FoxNews and Alex Jones and NRA-TV don't deal in relativism:  they insist they are telling the truth, and CBS/NBC/ABC/NPR/NYT/WaPo are the liars.  That kind of "populism" predates Foucault and deconstruction by centuries, if not millennia.

Clearly Pidel's stance is that where he stands, Truth stands with him, and what he considers true you shall as good assume to be true, because to do otherwise would be, well, just wrong:

Ratzinger’s prognosis perhaps proves especially apt in the United States, where the need to find constitutional support for abortion has led to some of the most fantastical jurisprudential reasoning in the history of the Supreme Court. The court reached the height of magical thinking with Planned Parenthood v. Casey (1992), which ruled that requiring spousal notification prior to abortion posed an “undue burden” on a woman’s freedom. “At the heart of liberty,” the plurality opinion reasoned, “is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” If legal abortion was, as Andersen presumes, a triumph of the “reality-based left,” it was a pyrrhic one.

That's about as muddle-headed an understanding of Constitutional law as I've ever encountered.  If that's his definition of "magical thinking," we don't have anything else to discuss.  But why flex my intellect when I can rely on the words of a Jesuit to argue for me (as Charlie Pierce, says, you don't mess with the Society.)

By “dictatorship of relativism” I take Cardinal Ratzinger to mean a sociopolitical movement that refuses to recognize an ultimate objective reality called “the truth.” Although this is a coherent theoretical concept, the closer we get to the ground the more it seems that the battles being waged in the public square are not so much about whether ultimate truths exist, but which absolute “truths” will govern public affairs. In that sense, Pope Francis’ warnings about the dangers of ideology and “ideological colonization” appear more relevant.
In other words, it's not that FoxNews is arguing relativism, it's arguing about what the truth really is, and where it comes from.  Let me just quote from this article at some length, to get at the facts upon which the argument is built:

Meanwhile, just south of the Canadian border, in Vermont, Michael O’Loughlin reports that the state’s Catholic schools are prohibited from access to newly available public funds simply because they are religious schools. Professor Rick Garnett of the University of Notre Dame correctly characterizes the conflict: “It’s about whether a generally available and entirely ‘secular’ benefit should be withheld simply as a penalty” for a faith-based school.
...
And while the case in Vermont might appear to be a straightforward church-state question, it is more nefarious than that. True, many U.S. states prohibit public funds for parochial schools. Such prohibitions were enacted a century ago by Protestant legislators, chiefly to penalize rival Catholic schools. That much is clear from the historical record.   [Aaargh!  Relativism!  Yes?  No?]  But while that fight was at its heart about competing religious conceptions of the one, true God, the present fight in Vermont is about whether religion has any place in public life at all. Now the opponents of faith-based schools are saying, by implication, that there are truths, we hold them, and religion is not only not one of the avenues of approach to those truths, but an enemy of them.

What we have, then, is not a dictatorship of relativism in which there is no such thing as truth, but a far more dangerous dictatorship of positivism, that truth only exists independently of faith and is brought into existence through brute legal force. We are no longer considering, says Cathleen Kaveny, what we owe people who think differently. “Nobody’s asking that, and you reap what you sow.” 
There's relativism at work there, no?  Is the Vermont stance on funding religious schools truly about whether religion has any place in public life at all?  Are they shuttering churches, requiring them to agree to the dictates of the state?  I had a young German pastor in my church once, and she was disturbed by the presence of the national flag in the sanctuary, in fact next to the chancel.  In Germany interference with the Church was a remembered horror (it led to the exile of Karl Barth and the actions of Dietrich Bonhoeffer which led to his execution).  Is the action of the state of Vermont really equivalent in any way to that?  Are any other church related schools equally banned?  Is this really a matter of Protestants punishing Catholics, or is it just that Protestants have a different view about the role of government when it comes to religion?  (I know Protestants don't consider marriage a sacrament, or divorce a breach of that sacramental union, and they decided that centuries ago precisely to keep government out of church matters, and church out of government matters.)  Relativism is, dare I say it, in the eye of the beholder, no?  And the other thing in the eye of the beholder is that log that looks like a splinter in your brother's eye.

I don't mean to sound so glib about this, in the end; but this kind of analysis kind of invites that kind of response.  Not TC's, but that of Pidal and even of Fr. Malone.  I mean, if you're going to throw around accusations, remember the four fingers pointing back at you, ya know?

Friday, May 04, 2018

"This is not going well"



Shep Smith isn't really a surprise; but Neil Cavuto is:


Or this, on "Outnumbered:"



Elliott Hannon sums it up very nicely:

Over the last 18 months, Fox News appeared to be covering something else altogether, an America that didn’t actually exist, a country where Hillary Clinton was now the president. That’s why Cavuto’s smoldering, end-of-his-rope soliloquy carries with it the scent of real danger for the president. Because if Fox News wakes from its journalistic slumber and starts telling the truth to its viewers about the president’s unwillingness to do the same, President Trump’s legal problems will overnight become political ones.

I would say it sounds like FoxNews is no longer happily eating the shit sandwich and trying to sell it as ham on rye.

And I'll reiterate:  Giuliani came out saying he was now in charge of Trump's legal team.  Trump dismisses Giuliani as a new hire who just started and still hasn't figured out where the copy machine is, much less does he actually know what he's talking about.  Of course, Trump acts like he's in charge of the legal issues facing him, which is a disastrous posture in and of itself.  The ladies on "Outnumbered" blame Giuliani for this mess; I still blame Trump.

Mostly because he still thinks he's the Smartest Guy In the Room, and that wouldn't be true even in an empty room.

What IS Church For? (Asking for a friend)


In light of what I said earlier, this is particularly interesting:

"Religious attachments fade in the face of visible Christian right policy victories," writes a research team led by Denison University political scientist Paul Djupe. "There is clear evidence that people—probably those without strong relationships with houses of worship—use the Christian right as a proxy for religion as a whole, and discontinue their religious identities as a result."
Color me unsurprised.

"A preponderance of the states appear to have experienced some degree of growth in religious 'nones' in recent years," they report. "This particular pattern holds whether the individual state in question is generally thought of as being a 'red' or 'blue' state."

But the rate of growth varied considerably from state to state—and not in the way one might predict. "Rising 'none' rates are more common in Republican states in this period," they report.

To determine why, the researchers measured the political clout of Christian right organizations in each state (utilizing the expertise of journalists and scholars). They also noted when and where these groups sponsored high-profile initiatives—usually ballot measures to prohibit gay marriage.

The researchers found that, while such efforts were often successful, they created a backlash "that did not redound to the benefit of organized religion in general." They estimate that, in states where such campaigns—and their backers—were widely publicized and debated, "religion lost somewhere between 2 and 8 percent of the population." 

Still not surprised.  As the saying goes:  live by the sword, die by the sword.

"The decision to de-identify and disaffilate with religion are not solely individual, psychological processes," Djupe and his colleagues conclude. Rather, that deeply personal shift can be driven by reactions to "specific policy skirmishes that gather public attention and shape decision-making."

Let us keep in mind the "nones" have always been with us, and always will be.  If you bother with that link and read all the posts there, you'll learn about the "Great Master Mechanic of the Universe" (who would now be the Great Programmer?) and how as recently as this past Easter we were berated for not being more "like God" and less like our congregations (because nothing improves an institution's function like telling everyone in it how wrong they've been doing it!), and even how I've argued before the problem is the modern world Eliot described over 100 years ago (and I stand by that argument, though I'm too lazy to look up all my links to "Choruses:  From the Rock"), and even "didn't we know this already, already?"  Yes, we did.  For a long, long time now:

The Church must be forever building, for it is forever decaying
within and attacked from without;
For this is the law of life; and you must remember that while
there is time of prosperity
The people will neglect the Temple, and in time of adversity
               they will decry it.

It's life that scares us, with it's forever decaying what we have built and forever forcing us to replace and rebuild it.  Yes, we need to disconnect from politics, at least to the degree we are all about politics and not about being a church in any guise whatsoever.  We need to reclaim the narrative from the evangelicals who are "Christianity" in the media telling; but how we do that is anybody's guess, without becoming what the evangelicals are.  No, we need to claim our narrative, and let it tell our story for us, by telling our story to ourselves.  That's what got the Israelites through the Exile.  We know how to do this; we just have to commit ourselves to it.  We have to stay true to what we believe, and build the institution as best we can to serve the people who need to be served, and to make servants of them, because we should be servants of all.

As for numbers and figures, when that "nones" figure hits 59% of the U.S. population, wake me; we'll have caught up with 1906, about the time Eliot started publishing poetry.  Until then, the prayer:

Grant that thy Church may be delivered from traditions which have lost their life, from usage which has lost its spirit, from institutions which no longer give life and power to their generation; that the Church may ever shine as a light in the world and be as a city set on a hill.

HEAR OUR PRAYER, O LORD.

Yeah, this is just pathetic


Ya know, WSJ, I don't think he's ready for his close-up yet.

Living in Interesting Times


Yeah, I don't know about that.  Oh, I don't doubt Mr. Flood's bona fides, but there are a few things to clear up about his appointment.

For one thing, he won't be the White House counsel.  That job is Don McGahn's, and interestingly, McGahn is a witness in the Mueller probe.  There is talk that McGahn is on the way out and Flood will replace him, but then Flood would be a federal employee and, as White House Counsel, have no attorney-client privilege with Trump.  This would keep him away from any involvement in the White House response to the investigation, as it has kept McGahn away.  And there's another problem:  Ty Cobb was in charge of the "special counsel" legal team (such as it is) handling Mueller's investigation.  Now Giuliani says he's large and in charge.  And yes, that presents its own problems:

“Look, we’ve talked a lot about Donald Trump’s lack of management style,” Deutsch said. “The Giuliani thing is interesting. We forget how, during the campaign, Giuliani was unhinged. If you show clips of him during the campaign, there’s a reason he didn’t get hired for all the jobs he wanted to.”

Deutsch, a former advertising executive who has known both Trump and Cohen for years, said the attorney disputes Giuliani’s account.

“I spoke with Michael Cohen yesterday, and his (account) about Giuliani was that he doesn’t know what he’s talking about,” Deutsch said. “He also said that, ‘Look, there are two people that know exactly what happened — myself and the president, and you’ll be hearing my side of the story,’ and he was obviously very frustrated by what had come out yesterday.”

Take that with whatever grain of salt you want to, but it's par for the course under a Trump administration.   It's hard to argue with Deutsch's characterization of Giuliani's behavior the past few days, behavior which no doubt delights Trump and which, not accidentally, has all occurred on cable TV.  But has it done Trump any good with Mueller?

No.

Giuliani is calling the Mueller interview a "perjury trap" in all but those words.  Of course there is no such thing; you tell the truth, you don't commit perjury.  It's perfectly clear to any sentient being that Trump doesn't even have a passing relationship with the truth.  He has told at least 3000 lies since taking office.  He has lied for decades about his net wealth, as David Cay Johnston notes.  A quick example Johnston points to speaks volumes on that simple issue, and it's connected to Giuliani and events of this week.  Little noted in the brouhaha about the Hannity interview is what Giuliani said about that payment to Stormy Daniels (and screw that tweeted explanation that it came from retainer fees paid to Cohen; that's squid ink to the ignorant.  If Cohen was getting paid to represent Trump, that's what the retainer was for.  Using that money for unauthorized purposes, like paying for silence, would be a violation of professional ethics that would cost Cohen his license.  The surest way to get disbarred is to mess with client funds you hold for them, like a retainer.  If the funding was authorized, then Trump knew all about it, and if that money came from retainer fees, how was Trump paying for Cohen's professional services?  The explanation is a tissue of lies.), is that Trump took months to repay $130,000.00.

Trump lawyer Michael Cohen “funneled it [the $130,000] through a law firm and the president repaid it,” Giuliani said, speaking with Trump’s advance knowledge.

“You’re going to do a couple of checks for $130,000,” Giuliani said.

The entity in the agreement is not identified as a law firm, but that's what I think Giuliani is referring to (he obviously doesn't know himself, which is reassuring in a lawyer representing a client).  And why, as Cohen notes, didn't Trump just write a check?  It's perfectly legal to do that, no bank reporting is required.  Those reporting rules apply to cash transactions, and trying to duck those reporting requirements is a crime itself; ask Denny Hastert.  But the why about the payment gets more interesting as Giuliani keeps talking:

 “When I heard Cohen’s retainer of $35,000 when he was doing no work for the president, I said that’s how he’s repaying — that’s how he’s repaying it with a little profit and a little margin for paying taxes for Michael.”

“The president reimbursed that over a period of several months,” Giuliani said.
So Giuliani figured out the strategy for explaining how Trump paid Cohen (which lets Cohen off the hook, supposedly, and gives him reason not to flip, presumably)?  Giuliani got the facts and crafted a legal defense to explain them?  I agree that's how lawyers do it; you just don't announce that in public, because it pretty much destroys the legal reasoning you are using to defend the action.  Legal reasoning is often ex post facto, but admitting that pretty much destroys that reasoning.  Giuliani's statement is barely separable from the old chestnut of the son who killed his parents asking mercy of the court because he's an orphan.  Giuliani is admitting he invented the defense that Trump did reimburse Cohen, when Trump did no such thing and probably never intended to do any such thing.  What's funny is now Trump will say that's what happened, because the truth is whatever serves his interests in the moment.

As Johnston asks, if this is what happened, why did it take several months?  Why didn't Trump just write a check and be done with it?  And was that $35,000.00 figure a monthly fee?  Pretty good retainer for doing nothing, which raises another professional ethics issue for Cohen (so, no, Giuliani is not handing Cohen a life line, he's throwing Cohen an anchor).  If it was monthly and Cohen wasn't doing any legal work, what the hell was Trump paying for?  Silence?

This is the guy in charge of Trump's legal defense, not Emmet Flood.  Flood may be a super-genius, but Giuliani claims to be the one negotiating with Mueller for the interview with Trump.  Trump may have a team of lawyers, but only one lawyer can speak for the client to the investigator, the court, even the public.  Right now Donald Trump wants that person to be Rudy Giuliani.  Until that changes, Trump could have the greatest legal minds of history on his team:  it wouldn't make any difference.

Thursday, May 03, 2018

This is all Trump's Idea



No doubt about it.  It may be legal and professional suicide, but Giuliani is doing just what Trump wants him to do.

Leaks and the leaking leakers who leak them



"leaked" the President said.


Yup, that's what happened:

In the wake of the testy March 5 meeting, Mueller’s team agreed to provide the president’s lawyers with more specific information about the subjects that prosecutors wished to discuss with the president. With those details in hand, Trump lawyer Jay Sekulow compiled a list of 49 questions that the team believed the president would be asked, according to three of the four people, who spoke on the condition of anonymity because they were not authorized to talk publicly. The New York Times first reported the existence of the list.
2 days later and nobody's talking about that anymore.  Maybe Giuliani knows what he's doing after all.....

Send Lawyers, Guns, and Money!


We have a picture! 

Actually it was between three parties, but who's counting, amirite?
Trump, the Legal Genius. That "contract" is unenforceable, for the simple reason the damages are all personal to the pseudonym named in the agreement, who never signed the agreement (and so was never bound by its terms).   And yeah, men of wealth are accused of affairs all the time; poor them.
Although I'm betting it played a "role".  It just didn't serve as the bread course.

Three tweets; that must be a record.  And here's where it gets fun.  Let's start with Michael Avenatti:

“If anything thinks Donald Trump wrote those tweets, then they haven’t been paying attention over the last couple years,” Avenatti said. “I don’t know the lawyer that wrote this, but you can tell a lawyer wrote it because all you have to do is count the number of commas in the first tweet.”

“Whoever the lawyer is that wrote this,” he added, “that lawyer is also a moron, because now he or she has subjected the president to yet another potential lawsuit for defamation for what they’ve done. They’ve also undercut a number of other claims that have gone on over the last few months.”

“I have never seen a group of people that cannot shoot straight,” he said. “These folks make the Watergate burglars look competent.”

“I think our case just got exponentially better in the last 24 hours,” Avenatti said. “We knew we were going to be able to prove this, but we didn’t know we would have Rudy Giuliani appear on Sean Hannity and do it for us on a Wednesday night this early on in the case. The importance of this cannot be overstated.”
Josh Marshall agrees:

The other thing about Trump’s comments is that they don’t sound anything like Trump. They’re framed in highly legal language, at least language that a non-lawyer might think a lawyer would use or the kinds of language someone might hear from an accommodating lawyer.

And really:  when was the last time Trump wrote three connected tweets without using ALL CAPS or claiming "NO COLLUSION!  WITCH HUNT!"  I just don't think it's verifiably Trump his own self without one of those two phrases.  Besides, "roll" for "role"?  Were they trying to look like Trump, or was it written by a very bad lawyer?  Keep a finger on that, it will turn out to be more significant when it turns out Giuliani wasn't going rogue.

Then there's Andrew Napolitano:

 “If Rudy wants the public to believe that Donald Trump reimbursed Michael Cohen $130,000 and didn’t know what it was for, didn’t know that it was going to silence Stormy Daniels, that is unworthy of belief,” he said. “It is hard to believe that Donald Trump, a man who knows where every one of his nickels has gone!”
And the analysis of GOP strategist Rick Tyler is that this is Trumpian chaos at work:

 “Let’s be clear — Michael Cohen has flipped,” Tyler said. “That’s what has happened, and Giuliani felt like he needed to go out there and — because legal strategies don’t occur on television, legal strategies occur between lawyers, they occur in courtrooms, they don’t occur on television.”

“Giuliani has established himself not as the legal strategist, he’s established himself as the PR strategist,” Tyler said. “It’s interesting he did it when Emmet Flood is coming on board. He’s undercut or boxed in Emmet Flood, because Emmet Flood has no tolerance for PR strategies over legal strategies.”
And while David Gregory doesn't think Trump will ever pay a price for his lies, Laura Ingraham thinks that walls are coming down:

 “Did Trump pay it after April 6th?” the stunned Ingraham asked. “The left is jumping all over that tonight, saying, ‘What the heck? He did know, he didn’t know?’ What’s going on here?”

“These are real questions,” York conceded. “Rudy just gave us a completely different version of this.”

“But you have the president on tape on Air Force One saying he did not know about the payment, and you’ll have to ask Michael Cohen about that,” Ingraham elaborated. “Rudy just goes on with Hannity and says ‘Oh no, he reimbursed them.’Like, what?”

“I love Rudy, but they better have an explanation for that,” Ingraham said. “That’s a problem.”
But this is what Trump wanted:

Which means very likely that, yeah, something is about to explode, and Giuliani is trying to get out in front of it.  That, or Trump loves to try things in the court of public opinion, so he's happy to let his lawyers jeopardize his legal position by trying things on cable TV rather than in courtrooms.

Remember, too, how Giuliani said the money was "funneled" through a law firm.  Michael Avenatti does:

Rudy Giuliani from what I’ve just seen stated there were bogus law firm bills, fraudulent law firm bills,” he explained. “Well, guess what? That’s fraud. That’s illegal. And if you have parties that know about that, namely the party that is sending out the invoice plus the party that’s paying it, that’s a felony. You can’t do that.”

“So basically what Rudy Giuliani among other things, and this is an important point, he’s stating that Michael Cohen sent out bogus invoices for $35,000 for legal work with no understanding no work would be done and the president paid the $35,000 invoice knowing no work was done, and that’s how they basically laundered the reimbursement of this $130,000, plus a little bit of profit, plus addition money for taxes,” Avenatti added. “This is serious, serious matter.”
Which is pretty much what Trump's tweets admitted to this morning, so....

And let us keep in mind this isn't the only strange thing Giuliani said to Hannity:

“He fired Comey because Comey would not, among other things, say that he wasn’t a target of the investigation,” Giuliani told Sean Hannity on Fox News on Wednesday night.

“He’s entitled to that. Hillary Clinton got that and he couldn’t get that,” he said. “So he fired him and he said, ‘I’m free of this guy.’”
And that's how Trump got Mueller.  So what is it that Trump &  Co. are expecting to come to light?  And what about Flood?  Giuliani did this with Trump's blessing, and if Flood is that good a lawyer, he's smart enough not to be happy with this.  Most good lawyers know better than to try their case in the court of public opinion (there's a reason Dershowitz was a law professor, not a full-time litigator).  Avenatti knows this, too, but he is the exception that proves the rule, because he's playing Trump like a fiddle.  Now the question is:  will Flood resign before he even starts, having seen what he's going to be up against, and how his advice is likely to be taken?

Inquiring minds want to know.  No, really, they do (I'm just going to add to this post throughout the day, I think:  this is too much fun).  Remember Ken Cuccinelli, conservative AG of Virginia extraordinaire?  He's as confused as Laura Ingraham:

“The way the president’s legal team has operated through this whole thing has, just as a lawyer, been very curious to me,” he said.

He went on to note that Giuliani’s admission about the Daniels payment must be part of some legal strategy, though he couldn’t fathom what the end game must be.

“Frankly, it would be a hard thing to be the president’s lawyer,” he said. “Because ultimately he’s going to have to answer questions and you know how undisciplined he is, and today becomes just one more installment of questions.”

“Well maybe that’s why they keep leaving,” host Chris Cuomo said of Trump’s lawyers. “You keep seeing a shedding of talent around him because it gets hard to justify things you know you aren’t true.”

Cuomo then asked Cuccinelli what he made of Giuliani attacking FBI agents who raided former
Trump campaign chairman Paul Manafort’s house as “stormtroopers.”

“I really do not like to see anybody on any side of an argument wander into language of the Nazi Germany era,” Cuccinelli said. “It does nothing to help the discussion… this may be how they’re presenting it now, but the contrast involving two lawyers — Cohen on one side and Rudy Giuliani on the other — does not help the legal team, their own credibility.”
I am seriously wondering about all the praise I read for Emmett Flood, now.  If that guy stays on the Trump legal team, his reputation is mud.  As for Giuliani, Josh Marshall doesn't buy the "clever defense" idea.  Sure, Giuliani and Trump thought this would sound good; that's possible.  But Giuiliani is already stepping all over his...tie, yeah, let's go with tie, this morning:

 “Cohen didn’t ask, Cohen made it go away,” Giuliani said on “Fox and Friends” Thursday morning.

He then went on to claim that $130,000 “sounds like a lot of money,” but actually isn’t for someone who is “putting $100 million dollars into your campaign” and said the payment was made for “personal reasons.”

“This was— the President had been hurt personally, not politically, personally so much, and the First Lady, by some of these false allegation, that one more false allegation, six-years-old, I think he was trying to help his family,” he said. “For that he’s being treated like some kind of villain when I think he was being a good lawyer, and a good man.”

It's kinda the Bill Clinton "I did not have sex with that woman" defense.  But Clinton was trying to claim oral sex was not "sex" (somehow), and Giuliani is trying to say a payoff Trump didn't know about was for an allegation Trump was ignorant of, except he did know about it because Trump was trying to protect his family; and this still leaves Trump open to the defamation charge by Stormy Daniels that Avenatti is talking about, so....  Trump's tweets denying the affair or knowledge of the payment want out just before Giuliani appeared on TeeVee, and again Giuliani insisted Trump reimbursed Cohen.  Again, if Trump didn't know Cohen made the payment, Trump couldn't have been a party to the agreement, so he can't enforce its terms against Daniels.

I'm really curious as to whether Flood enters the White House to go to work at the end of this month.  Because JMM is right:

 Rudy Giuliani is far, far past his prime, used to the accommodating hothouse world of Fox News cronies and cash and carry deal-making in his law firm gigs. This was as sloppy as it looked and did his client no favors.

Why does Flood want to attach his professional reputation to that?  And clearly, Giuliani is past his prime:

“She was alleging — although there’s the contrary letter she signed that it never happened — that there was a one-time affair,” the president’s lawyer explained [Giuliani]. “And I think when Cohen heard $130,000, he said, ‘My God, this is cheap. They come cheap. Let me get the thing signed up and signed off.'”

“Imagine if that came out on Oct. 15, 2016 in the middle of the last debate with Hillary Clinton,” Giuliani added. “Cohen didn’t even ask. Cohen made it go away. He did his job.”

Because otherwise it might have affected the campaign, right, Rudy?

Legal geniuses, all of them.  And Michael Avenatti isn't the only one paying attention:



Wednesday, May 02, 2018

Only the BEST people!


Apparently Rudy Guliani and Donald Trump share one brain between them, and neither one knows how to use it:

President Donald Trump’s new lawyer Rudy Giuliani says the president repaid attorney Michael Cohen for a $130,000 payment to porn star Stormy Daniels.

Trump had told reporters that he was not aware of the payment and that he didn’t know where Cohen had gotten the money.

Giuliani made the revelation during an appearance on Fox News Channel’s “Hannity.”

He also says the payment “is going to turn out to be perfectly legal” because “that money was not campaign money.”
Oh, it just gets better and better:



No, but now I'll go back and listen to the tape.

Dividing easily two who were never really joined....


Where are all the people? 

This is an argument that deserves more consideration.  The thesis is that evangelical Christianity gained adherents in America not because of its theology, but because of its politics.  Focusing on the trial of the Rev. William Sloane Coffin, Jr., charged with conspiracy to aid avoidance of the draft, the argument is that church members left denominations which were against the war, and went with denominations that supported the war.  In other words, the split between "liberal" and "conservative" Protestants was over politics, not theology.

Which is pretty much what the Rev. Dr. King was pointing to in his letter from Birmingham jail.  And it is now the explanation for why so many evangelical church leaders have embraced Trump in a bear hug they can't relinquish.  This is sort of interesting, too, because of what I ran into in my brief stint as a parish minister:

 A significant number of ministers, for example, championed civil rights efforts and affirmed interfaith cooperation with Catholics and Jews – efforts staunchly opposed by many of their congregants.

In the late '90's I had a church member gravely upset by my use of the title "Prayer of Our Savior" for "the Lord's Prayer."  I hadn't thought much of it; it was the title given the prayer in the UCC Book of Worship and commonly used at my UCC seminary.  She, however, was convinced that it was a Roman Catholic usage, and that I was secretly an agent of the Roman Catholic church.   This was further proven by my use of liturgical worship, which was historically part of the UCC through the German Evangelical (no, not THAT "evangelical") & Reformed traditions, which were in part Lutheran (Lutherans and Anglicans both follow the classic Christian liturgical traditions).  The worst insult she could think to hurl at a minister or a church idea she didn't like was to call it "Catholic."  That struggle didn't end, in other words, in the '60's.

If you look at this alone, the thesis of the argument seems pretty solid:

Mainline Protestant denominations, however, did not fare as well. They went into decline, losing nearly one in six members between 1970 and 1985.

Most Protestants can't tell you what their denominations position on the Trinity is, or on communion, baptism, what sacraments are (and aren't), and even some "evangelical" churches are starting to talk openly of Lent and Advent as seasons of the church that help organize worship across the calendar and keep every Sunday from being the same service as last Sunday.  But they can tell you what their denomination's stance on immigration or the death penalty or abortion or even gay rights is, and I have no doubt most people leave their churches over those issues than over the theological, ecclesiological, soteriological, or Christological stance the minister brings to the pulpit

Are They Really This Stupid?


Ranting and raving on the Twitter machine at all hours
(and just how does one negotiate nuclear war?)
In a tense meeting in early March with the special counsel, President Trump’s lawyers insisted he had no obligation to talk with federal investigators probing Russia’s interference in the 2016 presidential campaign.

But special counsel Robert S. Mueller III responded that he had another option if Trump declined: He could issue a subpoena for the president to appear before a grand jury, according to four people familiar with the encounter.

Mueller’s warning — the first time he is known to have mentioned a possible subpoena to Trump’s legal team — spurred a sharp retort from John Dowd, then the president’s lead lawyer.

“This isn’t some game,” Dowd said, according to two people with knowledge of his comments. “You are screwing with the work of the president of the United States.”

Funny, I'm pretty sure that's the position Bill Clinton's lawyers took when Ken Starr wanted Clinton's deposition. Clinton, however, wisely decided not to seek a confrontation on the point and gave a deposition which, yes, led finally to his impeachment; but not to his removal from office.  Clinton was impeached for not being fully forthcoming about an extra-marital affair.  What is Trump afraid of?  And this time the court could take notice of Trump's undenied work schedule (downstairs by 11:00 a.m., finished by 2-3 p.m., off to play golf every Saturday, tweeting about his personal peeves at all hours) on the question of "screwing with the work of the president of the United States."

Aside from the simple fact even the President is not above the law; unless that President is Donald Trump, apparently.

Trump advisers are particularly frustrated by the Mueller team’s focus on whether Trump was obstructing justice by trying to push last summer for Sessions to resign. If the attorney general had stepped down, Trump could have chosen a replacement who was not recused from running the Russia investigation.

Dowd has repeatedly argued that the president has ultimate authority under the Constitution to fire or demote any of his appointees and that his firing decisions cannot be used as evidence of obstruction.

Richard Nixon would love to return from the dead to speak to you on that issue, as it was one of the grounds for obstruction of justice being drawn up in articles of impeachment he avoided only by resigning in time.

Judges have generally held that the president is not above the law and can be subjected to normal legal processes — but the issue of a presidential subpoena for testimony has not been tested in court. Starr subpoenaed President Bill Clinton for grand jury testimony in 1998 but withdrew it after Clinton agreed to testify voluntarily. He was interviewed at the White House, appearing before the grand jury via video.

Rosenzweig, a senior fellow at the R Street Institute, a nonpartisan think tank, said judges generally like to accommodate a president because he has to be free to “manage the affairs of the world and deal with nuclear war without having to worry about whether he has to show up for an interview the next day.”

But, he added, courts are loath to say the president can’t be investigated.

“The opposite argument is that no man is above the law, and if it’s a lawful investigation, then he must respond,” Rosenzweig said.

Some legal experts believe that two Justice Department opinions prohibit federal prosecutors, including Mueller, from charging a sitting president with a crime. Instead, they said, the Constitution relies on Congress’s power to impeach as the route to hold a president accountable for potentially criminal behavior.

Trump’s lawyers could then argue that he cannot be forced to testify under subpoena, unless his testimony is necessary to indict someone else.

Yeah, let's go there, and preferably sometime in the summer.  November is coming and baby wants a brand new Congress.

Tuesday, May 01, 2018

If the Internet is only about discussing outrage, then I am outraged


Where are all the black-eyed people, and their husbands? 

A tape of an interview surfaced with [Paige] Patterson [President of Southwestern Baptist Theological Seminary] claiming women should focus more on their faith and prayer and “be submissive in every way that you can” to their husbands, the Texas Statesman reported. They should not be seeking divorce, even in the case of abuse. When asked about it, Patterson explained that women “who are undergoing genuine physical abuse from their husbands, and the husband says they should submit.”

“It depends on the level of abuse, to some degree,” Patterson conceded. “I have never in my ministry counseled anyone to seek a divorce and that’s always wrong counsel.” Only on extremely rare cases, one or two in his entire career, he said that he has seen a level of abuse “serious enough, dangerous enough, immoral enough,” that “a temporary separation” was warranted.

He went on to talk about one case of a woman coming to him about help for abuse and he told her to pray at her bedside for God to intervene. Later the woman came back with black eyes saying, “I hope you’re happy.”

“And I said ‘Yes . . . I’m very happy,'” he said, because her husband came to church for the first time the following day. Thus, her husband heard her prayers.

Coming to church, you see, is all that matters.  Why?  Salvation!  How can you be saved if you don't come to church and repent?  How can you repent if you don't come to church!  Ignore the life you lead now, concentrate on the life you'll lead then!

Which is partly the problem of soteriology, and partly the problem of the kerygma of the basiliea tou theou.  If the basiliea tou theou is not here and now, then it's mere "pie in the sky bye and bye."  It's an empty promise based on misunderstood metaphysics and bad Neo-Platonism that understands this world as ephemeral and even replaceable, and the next world as the eternal world of perfection and happiness.  Which is completely at odds with the declaration in Genesis that the creation is "good," and all things in it are good.

Funny thing, that theology never argues that the rich should be poor, or the powerful should give up power, and all Christians should seek a life of service and asceticism.  It doesn't "put the arrogant to rout....[pull] the mighty down from their thrones, and [exalt] the lowly, or "[fill] the hungry with good things and [send] the rich away empty."  That's the song of Mary; that's the salvation she forecast. She spoke to the present, to this world and how we live in it, not to some imagined realm in the sweet bye-and-bye.  The theology of Paige Patterson is that those in power should stay in power, those with wealth should keep their wealth, because that's the way God wants things, and that matters in this life.  Except this life is not important, the next one is; so what matters is that an abusive husband come to church!

And keep giving his wife black eyes, because this life doesn't matter; especially for her.  Great will be her reward in heaven, though.

This is why I've rejected soteriology as even a claim of Christianity (metaphysical soteriology, I mean.  When people called Caesar "savior," they weren't referring to some metaphysical after-death salvation; nor where they thinking of that when the called Jesus "Messiah!" during the triumphal entry into Jerusalem.*).  It is at the heart of abusive Christianity, of the kind of teaching Paige Patterson did when he told an abused wife with two black eyes to rejoice, that God had heard her prayers and brought her husband to church!  I've known lots of people in church no better off in their personal life for coming to church than for not coming to church, and Paige Patterson has to be smart enough to know he has no real control over people like that abusive husband, either, no matter how often the man came to church after that first visit.  Patterson is telling that woman to suffer so her husband can be saved, and why does he care?  Because his salvation depends on winning the salvation of as many souls as he is alive to reach.  No matter how finely tuned the discussion of salvation, it inevitably leads back to this conclusion:  it puts someone in power over someone else (hence excommunication, once upon a time) and allows a system of judgment that is antithetical to the plain teachings of the gospels.

As for counseling divorce always being "wrong counsel," I would first point out that marriage is not a sacrament in the Baptist church, so there is not the  problem of counseling someone to renounce their baptismal vows (the only sacrament that is "once and done" in Protestantism).  I would further point out the insistence that something affecting a person's life is always an absolute which can never be transgressed is precisely the argument carried on in the gospels between Jesus and the Pharisees.  "Do you see this woman?," Jesus asks Simon the Pharisee.  Simon sees a whore, a sinner, an unclean person; Jesus sees someone who needs to be treated like an equal, like a human being, who needs to understand existentially the concept of "the first of all shall be last and servant of all."  He turns her into a servant ("you did not wash my feet, but she has....you did not dry my feet, but she has...") and that makes her first of all.  Was Jesus' counsel wrong?  Should he have demanded some confession, some sign of repentance?  (Let's not argue again that she was repentant.)  Isn't that one of the points of the narrative of all four gospels:  what the Pharisees demand be done, Jesus demands yield to the needs of the people?  The Law, he says, was meant for humanity; not humanity for the Law!

Except, of course, how else do we stay in power, if we are not gatekeepers of the Law?  And if we give up our claims to power, who are we?

Last of all, and servant of all; which is what we should be concerned with.  "Lord, when did we see you," both the sheep and the goats asks Jesus in Matthew's final parable.  It is not an issue of "Lord, did you see how many we saved for you?"  It is a question of:  how many did you serve?  Even when you didn't know it was Jesus, it was Jesus.  Paige Patterson should not be defending his comments, or offering a half-hearted apology:  he should be asking himself if that woman with the black eyes was Jesus, and did he see that?

Because according to Matthew's parable, that's going to be the deciding issue for Jesus.

*Modern Biblical scholars recognize Roman crucifixion as a form of execution reserved for enemies of the state.  Calling Jesus "savior" was a direct challenge to Caesar, therefore to Rome, and therefor the punishment was crucifixion.  Rome certainly wouldn't have bothered to crucify a peasant from the edges of the empire who was making outlandish metaphysical claims about life in the hereafter, claims with no impact on life under the Pax Romana.

Guilty Dog Barks Loudest



“Well, to try to somehow disrupt the flow of information, the tipping off of witness in advance to what the question was going to be, and listening to — you are reading the questions, and I’m scanning them, it appears to me more that these are questions somebody wrote down after listening to someone else than necessarily the questions that were designed by the prosecutors.”


“We have, this morning, been calling these questions that Mueller propounded, but I don’t believe that that’s actually what these are,” [former special assistant to Robert Mueller, Michael Zeldin] began. “I think these are notes taken by the recipients of a conversation with Mueller’s office where he outlined broad topics and these guys wrote down questions that they thought these topics may raise.”

He explained that the way the questions are written make it pretty obvious.

“Because of the way these questions are written,” Zeldin explained his methodology. “Lawyers wouldn’t write questions this way, in my estimation. Some of the grammar is not even proper. So, I don’t see this as a list of written questions that Mueller’s office gave to the president. I think these are more notes that the White House has taken and then they have expanded upon the conversation to write out these as questions.”
So why does Trump say the questions were " 'leaked'," and then speak of "illegally leaked classified information"?  One is in scare quotes, the other isn't.  Is it because he considers one a leak, and the other authorized?


One of Trump's lawyers is going to have to explain to the "legal genius" that obstruction of justice is a crime that doesn't need an underlying crime in order to be prosecuted.  Simply lying to law enforcement can be obstruction of justice, whether or not your lies conceal another crime that is later brought to court.