Monday, May 11, 2020

Very Well, Then, I Repeat Myself



Or, as Rick Wilson noted in a tweet recently, despite all the money Trump has spent, Trump's numbers haven't moved at all.

I mean, if you're gonna write about the horse race, let's write about the horse race.

The Worst News Today is that Disneyland is Closed?


I'm barely old enough to remember the "Red Scare" and the "Commies."  I've also been around long enough to know that calling the Chinese government "Communist" is a serious throw back that might impress the mouth-breathers on Facebook

But then, there are still flat-earthers, too:

Trying to blame China for the catastrophe in the U.S. is just pathetic.  Even if we do blame them, does that protect one person from the virus here?  Does it provide one more swab, more reagent, more PPE? Do we go to war with China over this?  Do we let our goverment off the hook because they failed to defend us in any manner whatsoever?  What's the end game here?  Rile up the flat-earthers and anti-vaxxers and get 'em to the polls in November?

That'll account for about 1/10th of 1% of the electorate.  Besides, the parents of kids who can't take 'em to Disneyland right now are more worried about their children's health than about Mickey Mouse.  Are they gonna connect that anxiety to "commies in China" to "Re-elect Trump"?

Then I find out he also declared Trump to be the state, and the living manifestation of us all.

If we are who this President is, we're worse off than I ever imagined.

"Death star" is more and more turning into the right analogy for the Trump re-election "machine".

Jerry Stiller, RIP


This is the one I thought of the minute I heard the news.

I remember Jerry Stiller from his Stiller and Meara days, when he did stand-up with his wife (although it was more doing skits with the two of them playing characters).

It really is a sad day.

Cat's Paw

The DOJ has filed a motion with Judge Sullivan claiming Flynn's lies, to which he plead guilty, were not "material." That is a requirement of the statute.  However, it's worth noting who thought Flynn's lies were "material," before the DOJ decided they were not.

President Trump thought Flynn’s lies were material. He fired Flynn in 2017 for lying to Vice President Pence and tweeted that year that he “had to fire General Flynn because he lied to the Vice President and the FBI.” White House chief of staff Reince Priebus, according to special counsel Robert S. Mueller III’s report, recalled that Trump was angry at Flynn for lying about the conversation he had with the Russian diplomat.

Vice President Pence thought Flynn’s lies were material, stating he knew at the time Flynn was fired that Flynn “lied to me” and that “the president made the right decision [to fire] him.” It seems that Flynn’s lies were material to Trump and Pence.

Senior Justice Department officials, including acting attorney general Sally Yates and National Security Division Chief Mary McCord, thought Flynn’s lies were material, because, as the Mueller report noted, they were concerned it “[created] a compromise situation for Flynn because … the Russian government could prove Flynn lied.” That, as the report further noted, afforded leverage over Flynn such that Russia “could use that derogatory information to compromise [Flynn].”
Federal prosecutors detailed to the Special Counsel’s Office thought Flynn’s lies were material. They signed their names to court documents that outlined the facts that supported his guilty plea, including the material false statements Flynn made. That six-page statement of the offense is part of the public record.

Federal District Judge Rudolph Contreras thought Flynn’s lies were material. Flynn pleaded guilty to the charge of making a material false statement in his courtroom in December 2017. A judge will accept a guilty plea in federal court only if there is a factual basis for it and only if all the elements of the offense are proved. If the judge did not believe the lies were material, he presumably would not have accepted the plea agreement.

Federal District Judge Emmet Sullivan thought Flynn’s lies were material. Flynn restated his guilty plea in front of Sullivan in December 2018, after the case was transferred to his court. Further, in December 2019, Sullivan noted in a written order that Flynn’s false statements to the FBI were clearly material.

Flynn’s two original experienced defense attorneys thought Flynn’s lies were material. They signed their names to a plea document, noting that they “concur in [Flynn’s] desire to adopt and stipulate to this Statement of the Offense as true and accurate.”

Michael Flynn thought his lies were material. He signed his name to a plea agreement “knowingly and voluntarily and because [he was] in fact, guilty of the crime charged.” Flynn stipulated to a filed “Statement of the Offense” and declared “under penalty of perjury that it is true and correct.” That statement — to which Flynn agreed — noted that Flynn “made materially false statements and omissions during an interview with the [FBI] on January 24, 2017” and then spelled out, in detail, those false material statements. Flynn pleaded guilty in front of one federal judge, maintained his guilty plea in front of a second federal judge and, while under oath, twice admitted that he lied and that his lies were material.

Yes, that list includes the judge who will hear the DOJ's motion to dismiss.  He has to agree with the DOJ that Flynn's lies were not material, after all.  This would be based on the notes and redacted memos that have become public recently.  However, that information undermines the counterintelligence investigation of Flynn only in the minds of armchair spies and TV credentialed attorneys.  Sullivan won't be swayed by that argument.  Nor is he likely to declare the scales have fallen from his eyes and where the DOJ misrpresented this case to him, he now sees they were lying then, but telling the truth now.

Becuase that's what it will take.  That's precisely the argument the DOJ is making:  we were corrupt then, but we've cleaned house and fixed all that.  Ya gotta believe us!

Barr never seriously expected this motion to work.  He's using the court as a cat's paw for Trump to pardon Flynn.  Whether the court recognizes that, or not, is yet to be determined.

Sunday, May 10, 2020

WAY Too Busy for Sleep!

And it's hilarious how anything they try to say about Biden sounds like they mean Trump:
Pass the freakin' popcorn!

Who's Watching These?


I mean, besides political Twitter? (I didn't even know they were coming out daily.  Clearly I don't spend my days on Twitter wisely.)  The Lincoln Project ad "Mourning in America" was 2020's "Daisy Ad."  Almost nobody saw it broadcast except people in D.C. watching FoxNews that morning.  That's not a bad thing, just an observation.  It's not clear the "Daisy Ad" had any real impact on the LBJ/Goldwater race (but it didn't hurt!).  I'm just intrigued by what the narrative will be and which ad (a la Willie Horton, which nobody saw but the media talked about incessently) will be the one that "won".

It should be one quoting a line of poetry, methinks.

Glenn Greenwald is an Idiot (also a series)

QED.  He thinks a few news accounts from Fox and other outlets which leave out inconvenient facts are sworn testimony.  He has no clue what the court rulings have been, what the motions have been, what the investigation uncovered, and why Flynn plead guilty (twice!) in open court before two different federal judges.

Conspiracies thrive on ignorance.  But Greenwald is an attorney, he should know better.  Ignorance, however, is easier than thinking.

Ya Wanna Work for Trump? Or Not?


Every job has its price.

What's Good For Me is not Good For Thee


The rest of youse get back to work!  We can't test everybody! Save the economy!  Screw the people!

Pretty weenie!

Heh.
And Biden is still in the basement! (I don't think the virus is hurting Trump, nor the mass unemployment. I think Trump is hurting Trump.)

Color Me Unimpressed (a series)


I've seen more people line up for BBQ in Austin.

White Privilege and the Sausage Factory


What I'm seeing here, in the "defenses" of Michael Flynn, is that white people don't deserve to be treated like criminals because "white collar" crimes aren't really crimes (who gets hurt?  Isn't it a crime only when somebody gets hurt?) and besides, we don't want to pay attention to how criminal justice operates in this country, so long as the "right" people get put in jail (and never let out).

Peggy Noonan on MTP this morning waved away the complications of this case, arguing that somehow what Flynn did didn't really amount to a crime, but William Barr wasn't right, either.

Lost in these narratives is that Flynn plead guilty on a plea deal to escape being charged with far more serious crimes, like acting for a foreign government without registering as a foreign agent (that's why Judge Sullivan told Flynn he'd "sold out his country").  What Flynn was allowed to plead guilty to was the relatively low-level crime of lying to the FBI.  And he did lie on 'material' matters, Barr's lies in the press and the pleadings notwithstanding.

Granted, this is a complicated case, and not just in terms of what Flynn was investigated for, and what he plead guilty to:

You owe it to yourself to read the post linked in that tweet.  What's going on in Sullivan's is not nearly so simple as the news accounts would have it be.  Here, this will give you an idea just how corrupt Barr's actions are, without getting into the legal weeds;

I also noted that Barr had two parallel efforts to undo the prosecution of Mike Flynn: Jensen’s, and John Durham’s. John Durham has been reviewing the first six months of the Russian investigation for a year already. He has had access to this information for that entire time. But even on top of the Durham review, Barr appointed Jensen.

Yeah, Barr wasn't getting what he wanted, so he found somebody else to give it to him.  A lawyer can make any argument his client needs, but there are legal as well as ethical restrictions on that practice; and the restrictions are even more serious in a court of law, or when they involve a government prosecution.  Barr here is effectively acting as defense counsel for Flynn, not as the Attorney General of the United States.

Indeed, Barr acted on Thursday to prevent the ethical consequence of Flynn’s motion to dismiss based off a claim Covington was incompetent to occur, the public disclosure of those filings showing Covington’s representation of Flynn.

Billy Barr took a breathtaking step on Thursday to pre-empt Sullivan’s review of whether Covington really provided Flynn incompetent representation, or instead advised him wisely to dodge the accountability of his secret work for a frenemy government.

As such, DOJ has overridden the authority of an Article III judge at least twice: Sullivan’s previous ruling on Brady, and his upcoming review of Flynn’s claim that his lawyers were incompetent.
Let that sink in:  Barr is declaring himself, via the President, to be the superior legal power in the country.  He's actively ignoring court orders by cooking up unsupportable legal theories which he gleefully tries in public, and is laying the groundwork for Trump to pardon Flynn because Peggy Noonan and Rich Lowry don't understand how the sausage gets made, and don't like seeing white people of privilege being led into the factory.

It may yet end up Barr is not nearly as clever as he thinks he is:

In the wake of Bill Barr’s intervention last week, Flynn moved to withdraw all his pending motions, without prejudice, including the motion to withdraw his guilty pleas. Given that, as part of that motion, Flynn submitted a sworn filing that materially conflicts with other sworn statements Flynn has made before this and Judge Contreras’ court, as well as before a grand jury, and given that Barr went out and admitted on TV that those filings were the reason he acted in such an unprecedented fashion to pre-empt an Article III judge’s decision, it seems that Barr’s actions actually don’t affect that motion to withdraw. Sullivan could reject that, since parts of it are unaffected by Barr’s actions.

The point being Judge Sullivan still has a say in this matter, and as indicated in that paragraph, has several items on his docket related to this case, and more than a few evidentiary issues to sort out.  Denying the motion to dismiss may be the least of it, in the end.  Still, read the article; this matter is not nearly as simple as tweets and headlines make it out to be; and the corruption in that complexity stinks to the heavens.

But as I say, that's when I expect Trump to pardon Flynn.  He's already gotten more involved publicly in this case than he ever did in the cases of Manafort or Stone (both of whom are still in prison).  Flynn is acting like he's sure he'll get a pardon.  Then again, Manafort and Stone did, too.

Just gonna add this as another sign of ignorance, white privilege (imagine anyone at Fox tweeting this about any black defendant trying to contest his guilty plea), and refusing to see how the sausage is made:

Facts and details get in the way of a good conspiracy theory; or just a simple narrative.

The President Is Too Busy For Sleep!

Or to coordinate some kind of program for nationwide testing.

It’s almost as if he was a clueless narcissist.

Saturday, May 09, 2020

Prayers for a Father and A Son and a Family


If I could ask for a few extra prayers for my 11 year old son I would be very appreciative. He was admitted to the hospital last night with persistent high fevers and other symptoms. He has been diagnosed with this Kawasaki syndrome that you may have seen has hit a small group of kids in NYC. It's rare to get over 6 years old, but it has been happening they think for kids that have been exposed to coronavirus. Tests for it are negative but it could have been in the past. Thankfully because he is young my wife can be with him. I am 7 hours away for the new job, we talked about me coming back but they wouldn't let me into the hospital if I did. Our high schooler seems fine and the neighbors are leaping into action. Still, our anxiety is high. The last six months feels like getting kicked every day. Thankfully they are going to keep him until he is really better with no fever and no or minor other symptoms (he is still running temps of 103/104). We have lots of support but some extra prayers would feel helpful. If another person posts that this only effects the elderly I will have to scream.
--rustypickup

The compassing of God be on thee,
The compassing of the God of life.

The compassing of Christ be on thee,
The compassing of the Christ of love,

The compassing of Spirit be on thee,
The compassing of the Spirit of Grace.

The compassing of the Three be on thee,
The compassing of the Three preserve thee,
The compassing of the Three preserve thee.


The peace of God be with you,
The peace of Christ be with you,
The peace of Spirit be with you
And with your children

The grace of God be with you
The grace of Christ be with you,
The grace of Spirit be with you
And with your children.
For an hour, for ever, for eternity.

Sounds Good


What could go wrong with opening now?

Doctors!  What do they know?

Schadenfreude is not a morally approved response.

And for your reading pleasure:

I'll say no more.

Miscellany on a Slow Day



He really is the dumbest person on the planet.

This would be the day salons in Texas were allowed to open.  Brave, brave Sir Robin.

Well, yeah, but he has absolutely nothing to say about it.  There's no sense in giving him credence for nonsense like this.*

Let this be a lesson to others.

In more important news;

The innovator. The originator. The emancipator. The architect of rock 'n' roll. R.I.P.

*BTW:  Texas AG Ken Paxton sent a letter to all county clerks in Texas insisting (without authority or issuing an authoritative opinion) that fear of coronavirus was not a "disability" under Texas law.  The Harrs County Attorney (most populous county in Texas) said all such applications claiming a 'disabilty' would be honored in Harris County.  The form doesn't ask for details or a doctor's note or anything.  You just check a box.  Probably gonna be a record number of mail-in ballots in Harris County this year.  Over 1.2 million votes were cast in Harris County in November, 2018. I wish Mr. Paxton luck investigating 1 million or so votes in 2020 for fraudulently claiming a disability.

AND TO DENY THE EXISTENCE OF THE MOLE MEN!


THE CALL IS COMING FROM INSIDE THE HOUSE!

(That "standard of justice" would be the one that serves Donald Trump's interests, since nobody's ever seen this "standard of justice" applied before, and the obvious outcome is a pardon of Flynn when Judge Sullivan denies the DOJ motion to dismiss.)

Sign Without Signification

Among three RC cardinals and a bishop, and anti-vaxxer RFK, Jr. And Franklin Graham as well as CatholicVote.org. Arch-conservatives in Italy and America commonly connected with fringe ideas, in other words. I suppose they are gaining momentum by NPR reporting on them , but since no one mentioned is really a surprise (or is the surprise that they aren’t all white gun-toting rednecks?

Honestly, the political distance from the rednecks to Franklin Graham to CatholicVote.org just isn’t that great. Getting those people to agree is not a sign of anything.

Then. Now.


Today:


(The area is mostly Republican, and the voting site was requested by the Republican mayor.  None of this has anything to do with the fact that the number of cases of covid-19 and the number of deaths from covid-19 in this country continue to climb.)

"INVOKE P!"


From the guy who thought he'd used the DPA by sending a tweet (and finally used it to force meat processing workers back to dangerous conditions because Wendy's needs beef!), who thought hydroxychloriquine was worth a shot (although it was known to cause heart problems) and said anybody who wants a test can get one (when many people still can't), and advised injecting bleach and inserting (!) ultraviolet light sources into the body becuase maybe it would work, right?

And don't get me started on the chain of fuck-ups he's put Jared in charge of, and praised him for accomplishing, and how much credit he gives himself for doing a great job when he's done no job at all.  Considering, in fact, how fucked-up the distribution of medical equipment has been, who thinks this is going to be handled correctly or that anything at all is truly going to change?

Except he'll say he did a great job, and when anybody says otherwise in his presence, he'll insist it's great everywhere else but there!

This just in, is precisely what I mean:

Okay, I Will

Friday, May 08, 2020

What Happens if Trump Speaks...

... and no one listens? We’re about to find out. Trump has the fantasy of returning to yesterday. Reality has something else in mind.

Not the time to whisper this

This is the time to shout it.

Two Thumbs Up

I just wanted to approve this by posting it.

I still want to see this in a campaign ad in the fall


True, he's a monstrous idiot.  But he keeps giving Biden ammunition.  Maybe Biden should just stay in the basement until at least August.

This would work, too:

"Unsustainable"


"Unsustainable" is not a word that should be used in this context. 50,000 dead in Vietnam was "unsustainable," and that took almost 15 years.
The total number of cases reported in Spain, France, Germany, Russia, UK, and Italy, combined, is 1,183, 465 as of today.  The total number of cases in the US alone?  Over 1.2 million.  We have more deaths than any country on the planet, by a factor of at least 2. A "more believeable lie" would be nice at this point.

I don't think the world is following this example, either.

"It's fully expected, there's no surprise"





“It’s fully expected, there’s no surprise,” Trump said in a Fox News interview, which took place as the devastating jobs report came out.
So no problem either, right?


As an inoculation against charges being brought against Trump in 2021?

Sure; I'll buy that.

"Beware of Greeks Bearing Gifts"


All he has in mind is Biden's health and well-being:

“After a thorough, independent review, we now know that on Vice President Joe Biden’s watch, James Comey and Peter Strzok carried out a corrupt witch hunt ‘without any legitimate investigative basis’ against a decorated military veteran. Weaponizing the FBI and its surveillance powers to target General Flynn and others associated with President Trump will go down as one of the greatest abuses of power by an administration in American history. It’s time for Joe Biden to explain what really happened in that January 5, 2017 Oval Office meeting with Comey, which occurred the day after Strzok intervened to keep the investigation into General Flynn from closing due to a lack of any evidence. The corrupt media will do its best to cover up this scandal, but the Obama-Biden officials responsible for these misdeeds must be held accountable.”

- Brad Parscale, Trump 2020 campaign manager

Trump wants Biden out of the basement becasue while Biden has been invisible (except for some on-line ads), Trump is getting brutalized for his (ab)use of the "bully pulpit."  Trump needs new Biden sound-bites, and he needs them now!

Of course, all Biden has to say is:  "No, thanks.  I won't take anything that's not widely available to the American public first."  Even McConnell knew enough to say that.

Live by the Sword


My primary complaint with accusations against men by women is that the accusations are presented in the arena of gossip, not of assessment, and any damned thing anyone says is subject to examination under standards that are just a sophisticated version of the school playground.  Guilt by association and parsing every denial for a confession of sin and "sagely" declaring "on the one hand, but on the other hand" as if scales of justice were being balanced, all the while rejecting any true questions of veracity or credibility because "objectivity".  Oh, and of course, how "unfair" is it that someone has to actually provide evidence of their claims.

On the other hand, if that's the arena Tara Reade wants to play in, and the rules are the rules of Calvinball, let's play.


Neither lawyer is representing Reade in filing a civil suit.  Wigdor says he's representing her free of charge because: “ 'We have decided to take this matter on because every survivor has the right to competent counsel,' the firm said in a statement."  "Survivor."  Nothing loaded in that statement.  Still, they are her counsel, why should they be impartial?

But a major supporter of Trump (albeit in 2016) and a former employee of Sputnik.  They really aren't hiding it, are they?  So long as credibility of parties is going to be played out in the arena of appearances and assumptions, this is fair game, too.

Updating:  here is a fine example of what I'm talking about.  Salon published an article by Amanda Marcotte in which "Salon hopes this story will offer clarity about what is and isn't true in the bizarre narratives swirling around Reade and her story. That clarity may also help answer the question of why the mainstream media has largely steered clear of this messy situation."  All well and good; but these are the questions Salon asks, and answers:

1. Is the mainstream media burying Reade's story out of loyalty to Biden and/or hatred of Sanders? That's unlikely. Here's why.

2. Did Time's Up refuse to help Reade as a political favor to Biden? Almost certainly not. 

3. Is Reade a Russian agent? That's also highly doubtful, and here's why.

4. Is Reade that mentally ill woman who was on "Dr. Phil" claiming Putin was going to marry her? Absolutely not.

5. What's the big takeaway here? There are several.

Some of that last category is worth quoting here:

Biden's communications director, Kate Bedingfield, said the allegations are false and issued this terse statement to Salon: "Women have a right to tell their story, and reporters have an obligation to rigorously vet those claims."
Yeah, we're back to "too wordy/not wordy enough" as an indication of what is an acceptable response.  It doesn't get better after that.

The story of Reade's allegations against Biden shows what can happen when the rigorous standards espoused by mainstream publications are sidestepped for a more credulous and politicized approach. The failure to vet this story methodically and to preemptively address its odder elements opened the door to a whirlwind of conspiracy theories and misinformation. 
"Rigorous standards" like the Vox reporter complained about?  Or the rigorous standards of the courtroom?  By comparison to the latter, the former are most certainly "a more credulous and politicized approach."

What can be said is that Reade's story is credible and compelling in some important ways, and also comes with a number of troubling red flags. For a variety of reasons it has not been taken seriously on a national level, but those reasons do not include a mainstream media conspiracy to protect Joe Biden. Rather than becoming the subject of serious investigation, this has instead become an occasion for die-hard supporters on both the Sanders and Biden sides to score points on one another online. Actual facts have been supplanted by reckless conspiracy theories spun by enthusiasts of both candidates. Whatever the facts of this case may be, the #MeToo movement deserves better than to be dragged into the sleaze like this. 

Who dragged MeToo into this?  Gee.....

And I've got to say, in my reading of articles about Reade, I haven't come across anything even making the accusations in those questions.  Maybe that stuff is current somewhere on "social media" (what isn't?), but it has as much to do with the accusations of Reade and the response of Biden as Facebook has to do with being a journalistic enterprise.  Or Salon, for that matter.  "Rigorous standards."  What a joke.

What Patton Oswalt Said

Thursday, May 07, 2020

I Can See Clearly Now


Barr is not trying to save Trump from having to pardon Flynn.  Barr is trying to give Trump political cover so he can pardon Flynn.

As Asha Rangappa pointed out, the charges against Flynn were vetted by Rod Rosenstein, who signed off on the prosecution, and then by Judge Sullivan, who accepted the plea deal after careful review and an extensive (and typical) hearing where he questioned Flynn, who unequivocally plead guilty.  The judge said that Flynn "arguably sold out the country."

Flynn pleaded guilty in December 2017 to making false statements to the FBI about his dealings with the Russian ambassador and other diplomats during the presidential transition. Much of the recent strife surrounds an accompanying admission that he submitted false and misleading information to the Justice Department about his lobbying for Turkish interests while he served as an adviser to Donald Trump during the 2016 presidential campaign.

And now Barr says what Flynn plead guilty to was not crimes?  He's doing the defense counsel's work for them:

Soon after going to work for Flynn, Powell said in court that she planned to file a motion to dismiss the charges against Flynn on the basis of outrageous government conduct. In a bid to buttress that plan, she sought nearly 50 categories of information that she said would help Flynn show that he was unfairly targeted and bullied into a guilty plea on the basis of incomplete and inaccurate information.

But he's doing it to squirt squid ink in the water so Trump can pardon Flynn because "injustice!" and "unfair!"  And he's doing it quite specifically for Michael Flynn, who was not handled any differently than any other defendant prosecuted by the DOJ.  Barr is not even attempting to make a good faith argument.   But he also knows the FoxNews crowd watching doesn't understand anything about criminal prosecutions beyond what they've seen on TeeVee, and besides, Flynn is an upright white man, another Oliver North without the puppy dog demeanor.  And there was a basis for a prosecution, or Rosenstein and Sullivan would never have cooperated with Mueller. But Barr knows the peanut gallery and the rubes won't understand that, so he throws sand in the air because it serves Trump's personal interests.  Flynn didn't plead to something that "turned out not to be a crime."  That's bullshit, and Barr knows it.  Sullivan won't accept it, and probably won't accept the DOJ motion to dismiss.  And then Trump will pardon Flynn because Flynn is the victim of another "deep state" conspiracy that's out to get Donald Trump.

Which is when this whole circus will have served its purpose, and the rot in the DOJ will deepen.  I am firmly convinced the only way to purge the system after Trump is removed by the electorate is to pursue charges against Flynn that were set aside for the plea agreement (he faced multiple criminal charges, and dismissal "with prejudice" of the one he plead guilty to won't prevent prosecution of the others) and Trump face criminal charges for the obstruction of justice counts outlined in the Mueller report.  We cannot, as a country, say "Well, that's over now," and "move on."  If this kind of corruption is not cleansed by We the People through our representatives and elected officials, We the People will have only ourselves to blame when it happens again.


A Government of Men, not of Laws







Bonus round!  Glenn Greenwald proves why he's a very incompetent lawyer (does the fact the judge accepted the plea mean nothing?  Or is the judge part of the conspiracy?)

L'etat, c'est Trump.

Yeah, this is bad, no doubt about it.

The recovery from this cannot merely be "We'll do better next time!"  Because they will; but "better" won't mean what you think it means.

This is not a matter of a political disagreement.  This is from Rangappa's column, referenced above:

As a result, a PNG [persona non grata, i.e., expulsion of a diplomat, something usually done as quietly as possible] request involves a tug-of-war between the FBI, the CIA and the State Department (with the final decision taken by the White House), and is most often denied. Of the cases I was involved with, the only time a PNG was approved was when allowing the spy to remain would have resulted in actual physical harm to a U.S. person.

This is the complex process [she describes it, I have elided it here] and very high threshold to keep in mind when looking at President Obama’s actions against Russia last December. In response to Russia’s election hacking, the U.S. expelled not just one, but 35 spies posing as diplomats — the strongest response ever to a cyberattack against the U.S.

In addition, President Obama made a public statement on the expulsions, calling them a “necessary and appropriate response to efforts to harm U.S. interests in violation of established international norms of behavior.” Both the magnitude of the sanctions and the public condemnation by the president was intended to send as sharp a rebuke as possible to Russia’s attack on our democracy.

As Flynn’s plea deal reveals, the Trump transition team immediately made a concerted effort to undermine the signal that the United States was sending. In particular, Flynn, with the approval of “senior transition officials” (identified in reporting as Jared Kushner and Katie McFarland), sought to discourage Russia from escalating the situation. Flynn reportedly promised that the Trump administration’s foreign policy goals would be more conciliatory.

By relaying this message covertly (and in spite of a "pointed request" by the Obama administration to avoid sending mixed signals to foreign officials), the Trump team negated the message being sent by the United States to Russia — and effectively put its stamp of approval on Russia’s efforts.
Actions have consequences:

The repercussions of the Trump team’s covert efforts are not merely symbolic; they have also had serious long-term consequences on our intelligence capabilities against Russia. After secretly “reassuring” Russia that it need not worry about facing consequences, the Trump administration did not deliver. In July, Congress passed (and the president after much delay signed) a sanctions bill against Russia. Putin, either angry for being misled or having to save face from taking no action at all in December (or both), retaliated much more forcefully than he likely would have otherwise. Russia expelled 775 American diplomats in response, severely crippling our intelligence and diplomatic apparatus in that country.
Yes, but watch the donut, not the hole:

In fact, this pattern of deception helps explain why Obama took the step of PNG’ing so many diplomats at all, and at such a late stage in his administration. If the intelligence community by November believed (correctly, in retrospect) that evidence of Russian election hacking and interference might be denied and even “buried” by the incoming administration, a strong public stance was necessary. It’s telling that the FBI, CIA and NSA issued their own unclassified public report of Russian election meddling eight days later, on Jan. 6, 2017. Had Obama and the intelligence community not taken these actions, it’s possible that the American public would still be in the dark about Russia’s active measures.

Focusing on whether the Trump campaign and transition team broke the law misses the bigger picture. By secretly sabotaging a measure designed to protect America’s sovereignty in the face of a foreign attack, these individuals acted against the interest of the United States and aided our adversary. Now they are the stewards of the country and its institutions. Whatever happens in a court of law, that is what should concern us all. 
William Barr's only concern is getting Donald Trump what he wants.  Trump's actions should not just be swept away as "policy differences" in 2021.

Timing is everything!


Mmm...yeah.

In April 2019, a woman named Tara Reade reached out to me with a clear, consistent story to tell about her experience as a staffer in Joe Biden’s Senate office in 1993. I spent hours on the phone with her, and many more tracking down possible witnesses and documents, trying to confirm her account.

Reade told me that a senior aide told her Biden liked her legs and that he wanted her to serve cocktails at a fundraiser for him, a request she found demeaning and declined. When she later complained to others in the office that Biden would put his hands on her shoulder, neck, and hair during meetings in ways that made her uncomfortable, she says she was blamed and told to dress more conservatively. Within a few months, she said, her responsibilities had been stripped and she felt she was being pushed out of the job. She went back home to California deflated.

Reade told me that she wanted me to think of this story as being about abuse of power, “but not sexual misconduct.” Her emphasis was on how she was treated in Biden’s office by Senate aides, who she said retaliated against her for complaining about how Biden touched her in meetings. “I don’t know if [Biden] knew why I left,” she said. “He barely knew us by name.”

She sent me an email that evening with an essay she’d written. Her local paper in California, the Union, published a similar version a few weeks later with a line she’d sent to me, too: “This is not a story about sexual misconduct; it is a story about abuse of power. It is a story about when a member of Congress allows staff to threaten or belittle or bully on their behalf unchecked to maintain power rather than modify the behavior.”

Last year, Reade encouraged me to speak with a friend of hers who counseled her through her time in Biden’s office in 1992 and 1993. The friend was clear about what had happened, and what hadn’t.

“On the scale of other things we heard, and I feel ashamed, but it wasn’t that bad. [Biden] never tried to kiss her directly. He never went for one of those touches. It was one of those, ‘sorry you took it that way.’ I know that is very hard to explain,” the friend told me. She went on: “What was creepy was that it was always in front of people.”

I wanted to break this story. Badly. About half a dozen women had stepped forward around the time I spoke with Reade to say they were bothered by how Biden had touched them at events. I wrote a column praising them for staring down the political media that had given him a pass for all those years. Reade’s story took these complaints further — showing how even lower-grade inappropriate conduct can have real consequences for a woman’s career, an important subject that we still don’t talk about nearly enough.

I knew I wasn’t the only reporter Reade was talking to. The New York Times had three reporters on the story, she told me. On April 3, the day after we first spoke, she texted me four times. She wanted to know when I planned to publish, and she warned me that other outlets were getting ready to do so.

That day, the Union published an article with her story. This happens sometimes. It’s happened to me, many times. You fight for a story that would be explosive if you could prove it, but you can’t. I continued reporting on her story for a few more weeks after the story broke, but I didn’t get enough. Vox did not publish anything about Reade in 2019. Neither did the major outlets that I know were pursuing the story, including the Times, the Washington Post, and the Associated Press.

So the story never got published.  Then what?

In March 2020, Reade resurfaced with a new allegation, which she told on The Katie Halper Show. In addition to her account of her experience with office staff, Reade said that in 1993, Biden forced an unwanted sexual encounter on her. She said Biden pushed her against a wall on the Capitol grounds, kissed her, and then digitally penetrated her — all against her will.

Biden’s campaign did not respond publicly to Reade’s claims in 2019. On May 1, Biden answered questions about the allegations for the first time on MSNBC’s Morning Joe. He denied all of Reade’s claims and underscored his denial of the sexual assault allegation. “I’m saying unequivocally, it never, never happened,” he told host Mika Brzezinski.

Three aides whom Reade said she approached about her complaints in 1993 told the New York Times that they also dispute her account. “I never once witnessed, or heard of, or received, any reports of inappropriate conduct, period — not from Ms. Reade, not from anyone,” said Marianne Baker, Biden’s longtime executive assistant. “I have absolutely no knowledge or memory of Ms. Reade’s accounting of events, which would have left a searing impression on me as a woman professional, and as a manager.”

Character, you say:

Eight women have now said they’ve been made uncomfortable by Biden in public settings. Reade is the lone woman to accuse him of sexual assault. This is a situation out of her control, but it means that reporters can’t build a story about Biden around a pattern of behavior, where multiple accusers boost one another’s story. Instead, reporters are looking at Reade’s account in isolation — and that account has changed.

When we spoke a year ago, Reade told me the only named sources she could give me were her deceased mother and the friend I spoke to. A recently uncovered tape of her mom on Larry King Live appears to corroborate Reade’s claim that she was struggling in Biden’s office in 1993, but does not include an assault allegation. When I reconnected with the friend I spoke to last year, who had previously told me Biden had not assaulted Reade, she told me a version of the story that matched Reade’s latest account.

This year, Reade said to Halper that she also told her brother about the alleged assault and harassment. He later told the Washington Post in an interview that he remembers his sister was upset in 1993 about Biden touching her neck and shoulders. He followed up with a Post reporter a few days later over text message to say Reade also said Biden “put his hands under her clothes.”

Since then, a former neighbor of Reade’s, Lynda LaCasse, has come forward in an interview with Business Insider. She said Reade spoke about the harassment and assault claims in 1995. I asked Reade why she hadn’t mentioned LaCasse to me a year ago, or to Halper, or to the first few reporters she told about her assault allegation, including the New York Times, which was working on a deep dive into her story at the same time. She said LaCasse hadn’t seemed like a relevant source because she’d talked to her two years after the alleged incident took place. Reade added that she told reporters about two other anonymous friends later who hadn’t seemed relevant to her either. When asked a similar question by the Associated Press, which had been working on the story, too, Reade didn’t respond.

Is it unfair of me not to believe this?  How about this?

There’s another issue at play, which Biden supporters and critics of Reade have pointed to in response to her allegation. A year ago, Reade went to mainstream, national outlets including the Times, the Post, and the Associated Press. It was in the middle of a competitive Democratic primary. She had no obvious connection to any candidate. And if voters or the party pushed Biden out, it was unclear who would benefit.

This year, Reade has emerged as an ardent Bernie Sanders supporter, with a much more damaging story to tell about Biden, who is now the presumptive Democratic presidential nominee. She went public with the rape accusation on a podcast sympathetic to Sanders and followed up with Ryan Grim of the Intercept, an outlet that has been consistently critical of Biden.

A few weeks before Reade spoke to Halper, she replied to a tweet from Grim seeming to tease that a story was coming. Reade declined to elaborate on what she meant in the tweet, directing me to a spokesperson. Grim said he hadn’t noticed the reply when she sent it, and he didn’t speak with her for the first time until March 8, almost a week later.

Timing is everything, n'est pas?  If Joe steps aside, then what?

" 'Fair' is what's down the road."

When I was a pastor, and trying to find a call in another denomination, I went to the local Presbyterian judicatory (I've forgotten what they all call themselves. I spoke to the Lutherans and the Episcopalians, too. All fuzzy in memory now). What remains green in memory is the lunch I had with a Presbyterian minister who himself had once been a UCC pastor, and in fact had been an interim at the church I was then leaving, having been forced out by my Conference Minister (the Bishop, essentially, but not entirely) and the Church Council.  I can't remember who directed me to him, but they were anxious to have him meet me, and were going to go on his recommendation as to whether or not to consider me for one of their churches.  Obviously I was anxious to make a good impression.

We were strangers to each other, but he immediately lit into me as if I were Satan himself, come to corrupt his Presbyterian church with my heretical ways.  It turned out he'd left the UCC (I divined this from his ramblings) because he disliked their theology (more likely their politics), and was not about to let the UCC corrupt (his term, I remember it well) his Presbyterian church (even though I'd grown up in the Presbyterian church, one reason I went to the local Presbyterians).  He didn't know me from Adam's off-aunt, but he told me in no uncertain terms to never darken his sight again.   For good measure he insisted everyone at the church I was leaving, with which he'd had no contact for at least 30 years, was a saint of God and obviously I was unfit to be in their company, or his.  I don't even remember the man's name, but I remember who contemptuous he was of me.

I went home and told my wife about it.  I had a friend in ministry at the time, a Presbyterian minister, who had actually set up my first contacts with the Presbytery office.  He called to ask how the lunch had gone, since he knew the minister in question and held him in high regard as a kindly old gentleman.  I tried to couch my tale in as reasonable terms as possible, but I couldn't lie about what had happened.  I just tried not to embellish it.

It was pretty obvious he didn't believe me.  Shortly thereafter we lost touch, and then he moved on to another church in another city, without even calling to say good-bye.  So it goes.  I add that just to finish the story, not to blame or excuse him.  I thought about this story again only because of this passage from yet another analysis of the Tara Reade story:
If Reade had told a consistent story and shared all of her corroborating sources with reporters, if those sources had told a consistent story, if the Union piece had shaken loose other cases like hers, or if there were “smoking gun” evidence in Biden’s papers, her account might have been reported on differently in mainstream media a year ago. It is not fair to an individual survivor that their claims require an extraordinary level of confirmation, but it’s what reporters have found is necessary for their stories to hold up to public scrutiny and successfully hold powerful men accountable. So we are here.
If anybody tells a consistent story and has corroborating sources (friends told at or near the time of the event, witnesses, etc.), the account is taken differently by family and friends. Family and friends may be sympathetic, or may wonder how much of it is even true.

I've had experiences in ministry, more often among ministers and persons with authority over me as a minister, which beggar description and, in some cases, belief.  Some are "corroborated" by later actions, like the Conference Minister when I was in seminary who told me I wasn't cut out for parish ministry (I'm not sure he was wrong, in retrospect, but at the time it was a savage thing to say).  He opposed my ordination, though I was ordained in his Conference anyway.  The "corroboration" came a few months later, because he said that to me privately, with plausible deniability.  And then he was caught standing naked in his back door, exposing himself to the teenage girl in the house opposite.

Some of my experiences were not so "corroborated."  A hospital visit with the daughter of a comatose church member came back to me through a tale told by the mother (whom I knew; I met the daughter that day) that the exact opposite of what I did (talked extensively to the daughter, said a prayer for her father, left) was alleged against me.  You can't argue "that didn't happen" without people talking even more about what was said to have happened.  It's the original tar baby:  the more you punch it, the more stuck in it you are.  You end up wondering why people have so much time and devote so much energy to slandering you.  But outside immediate family, who might accept your story at face value, other people want more proof of what are, after all, incredible tales.  When was the last time you were the subject of absolutely baseless and absolutely vicious gossip?  If you don't think it happens, it hard to believe it happens.  If it's hard to believe it happens, it's hard to find credible a story of it happening to someone you don't really know that well.

Even now, you have to take my word for it.  Maybe I'm exaggerating.  Maybe I'm fabricating.  How would you know?

Is that unfair?  To whom?  To me?  Or to you?  Why should you believe me?  Why should my Presbyterian minister friend have believed me?  I told him a story about a man he knew that made no sense to him, that was completely outside the realm of his experience.  Why wouldn't he doubt me, instead of him?  Is it unfair that he did?

A story among family and closest friends is one thing, and even then family and friends may decide for themselves just how true they think the story is, and each individual come to different conclusions.  If the story goes public, not yet in the news but among non-family and non-friends:  employees, employers, neighbors, what have you, it might require a higher level of confirmation.  I don't know you that well, I don't know your friends and family, why should I believe you?  And if you think journalism requires "an extraordinary level of confirmation," you'll be stunned by what's required in a court of law.

Why is any of this "unfair"?  And to whom?

Continuing (as is my wont) to scatter the Flynn court debacle over as many posts as possible


Here, at least, is an on-line legal opinion I respect:

From what I remember of Federal judges (in memory green even though it's been almost 40 years gone now), I'm quite sure of this.

And this answers one of my questions (also explains why the DOJ is writing briefs and preparing filings for motions):

Which seems to support my theory that Flynn is awaiting sentencing at this point.  If the Judge won't agree with the DOJ's motion to drop charges, Trump will pardon him after sentencing, and blame the Judge.

Which is fine with me (I don't care if Flynn is in jail or not), but we really need to change that pardon provision in Art. II.

More problems for the DOJ, as Twitter catches up:

That is not going to impress the judge with the wisdom of this request.

Which raises an interesting question:  why isn't Trump just pardoning people left and right?  Could it be he knows it won't play that well even with all of his base?

"Death Star." Heh.

Yeah, GOP Senators.  Trump has done a great job!