Ceding My Post Today To Snopes

Given yesterdays stock market debacle and the Coronavirus panic that produced it, I am turning today’s post over to Snopes.

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Amid warnings from public health officials that a 2020 outbreak of a new coronavirus could soon become a pandemic involving the U.S., alarmed readers asked Snopes to verify a rumor that U.S. President Donald Trump had “fired the entire pandemic response team two years ago and then didn’t replace them.”

The claim came from a series of tweets posted by Judd Legum, who runs Popular Information, a newsletter he describes as being about “politics and power.” Legum’s commentary was representative of sharp criticism from Democratic legislators (and some Republicans) that the Trump administration had ill-prepared the country for a pandemic even as one was looming on the horizon.

Legum outlined a series of cost-cutting decisions made by the Trump administration in preceding years that had gutted the nation’s infectious disease defense infrastructure. The “pandemic response team” firing claim referred to news accounts from Spring 2018 reporting that White House officials tasked with directing a national response to a pandemic had been ousted.

Rear Adm. Timothy Ziemer abruptly departed from his post leading the global health security team on the National Security Council in May 2018 amid a reorganization of the council by then-National Security Advisor John Bolton, and Ziemer’s team was disbanded. Tom Bossert, whom the Washington Post reported “had called for a comprehensive biodefense strategy against pandemics and biological attacks,” had been fired one month prior.

It’s thus true that the Trump administration axed the executive branch team responsible for coordinating a response to a pandemic and did not replace it, eliminating Ziemer’s position and reassigning others, although Bolton was the executive at the top of the National Security Council chain of command at the time.

Legum stated in a follow-up tweet that “Trump also cut funding for the CDC, forcing the CDC to cancel its efforts to help countries prevent infectious-disease threats from becoming epidemics in 39 of 49 countries in 2018. Among the countries abandoned? China.” That was partly true, according to 2018 news reports stating that funding for the CDC’s global disease outbreak prevention efforts had been reduced by 80%, including funding for the agency’s efforts in China. But that was the result of the anticipated depletion of previously allotted funding, not a direct cut by the Trump administration.

On Feb. 24, 2020, the Trump administration requested $2.5 billion to address the coronavirus outbreak, an outlay critics asserted might not have been necessary if the previous program cuts had not taken place. Fortune reported of the issue that:

The cuts could be especially problematic as COVID-19 continues to spread. Health officials are now warning the U.S. is unlikely to be spared, even though cases are minimal here so far.

“It’s not so much of a question of if this will happen in this country any more but a question of when this will happen and how many people in this country will have severe illness,” Dr. Nancy Messonnier, the director of the National Center for Immunization and Respiratory Diseases, said during a press call [on Feb. 25].

The coronavirus was first detected in Wuhan, China, in the winter of 2019, and cases spread around the globe. The U.S. had 57 confirmed cases as of this writing, while globally, roughly 80,000 patients had been sickened with the virus and 3,000 had died. As of yet, no vaccine or pharmaceutical treatment for the new coronavirus. Data from China suggests the coronavirus has a higher fatality rate than the seasonal flu, although outcomes depend on factors such as the age and underlying health of the patient.

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A New Normal?

Given the daily headlines highlighting the incompetence and corruption of the Trump Administration, an assertion that America will not and cannot “go back” to a normal Presidency isn’t exactly welcome.

But that was the premise of an essay in Politico Magazine  a couple of weeks ago.

President Donald Trump has spent three years incinerating a group of practices commonly lumped together under the nebulous category of “norms and traditions,” causing the chattering class to worry that he’ll “destroy the presidency,” “undermine American democracy,” “erode” our institutions with each break with precedent or decorum. There are also those, including presidential candidate Joe Biden, who insist that things can go back to normal when Trump is gone. Either in January 2021 or January 2025, these optimists hope, America will experience a restoration of these timeless customs.

Here’s the problem: Many of these “presidential norms and traditions” that Trump has left by the wayside aren’t timeless at all; they’re actually quite new. They grew up alongside and in reaction to the expansion of both the federal state and the presidency—a process that began in the early 20th century but gained steam from the 1930s onward. With the growth of what Arthur Schlesinger Jr. called the “imperial presidency,” each occupant of the Oval Office has left his imprimatur on the development of what we think of as normative presidential conduct.

In other words, these norms emerged as a response to America’s changing needs.

Noting that America has changed dramatically over the 200+ years of its existence, and that  those changes require corresponding adjustments in governance is the sort of otherwise obvious observation that gives self-styled “originalists” fits. They like to believe that “living constitutionalism” is just judge-made law, unmoored from constitutional foundations. In reality, living constitutionalism is the rational application of “original intent,” because it requires safeguarding the original values that animated our Constitution and Bill of Rights in situations that the Founders could never have anticipated.

Our challenge is to decide which of the numerous norms being trashed by Trump are needed to protect those foundational values, and thus must be restored.

The article points out that many of the behaviors we think of as long-established– congressional oversight mechanisms and restrictions on FBI and CIA political activity, for example–are relatively new, prompted by the criminal abuses of the Nixon Administration.

All of which is to say, the idea of independent agencies staffed by nonpartisan career public servants, free of political interference, is a very recent development. Once unraveled, it is not certain to be reassembled.

New, however, is not the same thing as unimportant.

The takeaway is not that certain traditions lack value. On the contrary, it’s pretty reasonable to expect that presidents not misdirect law enforcement and civilian officials to do their political bidding, that presidents be transparent with the media, and that courts remain free of political influence. The point, rather, is that these norms were not timeless features of our system. They emerged over 50 or so years in response to excesses that accompanied the growth of the federal state and in response to a popular sense that citizens required greater visibility into, and accountability from, federal officeholders whose purview grew enormously in the modern era.

As I read through the article, I was anticipating some sort of prescription for how we might re-institute the norms that have clearly proved their importance. I didn’t get it. The article ended by noting that “broken eggs can’t be mended.”

Perhaps we can’t fix broken eggs, but we can–and must–fix America’s federal government.

Once Trump is gone–and I fervently hope that departure occurs sooner rather than later–we need to take a step back and decide what rules, systems, and cultural expectations are essential to advancing–and perhaps finally beginning to live up to– American values and ideals.

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An Important Test For The Court

In the three-plus years that Donald Trump has occupied the Oval Office–I deliberately didn’t say “has been President” because in any rational sense, he has not fulfilled that function–longstanding norms of American governance have been turned upside down.

Nowhere have the deviations from expectations been more worrisome than in the courts.

For years, legal scholars have debated whether this or that issue should be settled through litigation or by electoral politics. But I am aware of no credible argument that the courts should be divested of their independence and turned into supine tools of the executive branch.

Our idiot President recently called upon Supreme Court justices who disagree with him to recuse themselves–displaying not only his trademark contempt for constitutional checks and balances, but his embarrassing ignorance of American constitutionalism. That contempt and ignorance would not ordinarily be worthy of note–every day, the insane tweets and verbal diarrhea bear ample witness to both–except for a case that is making its way to the Supreme Court.

A recent article by Nancy LeTourneau at Washington Monthly pointed to the disquieting reason for Trump’s unprecedented assault on the Supremes. She begins her analysis by pointing to a truly telling statistic:

Trump administration’s incompetence has led to an abysmal record in the courts. Whereas previous administrations prevailed in the courts 80 percent of the time, this president has failed in over 90 percent of the cases his administration has argued.

As she notes, the Trump administration’s response to these failures has been to appeal directly to the Supreme Court–to ask the Court  to expedite emergency relief from the injunctions of the lower courts. Le Tourneau quotes one legal scholar to the effect that Trump has gone to the Supreme Court with such a request 24 times in less than three years– compared to a total of eight such requests during the 16 years of the George W. Bush and Obama administration’s combined.

Trump has no understanding of the legitimacy concerns raised by such petitions, of course. He actually believes that any criticism of him or his administration should be grounds for recusal, criticism and vilification. And he has other concerns as well.

The reason Trump is on the attack against liberal Supreme Court justices probably has more to do with a case that is being made against Justice Clarence Thomas. As we’ve seen, the president is in the midst of a purge of federal employees who don’t demonstrate enough loyalty to him. Jonathan Swan reported that Ginni Thomas—the wife of Clarence Thomas—has been deeply involved in lobbying on behalf of a purge, providing the administration with lists of who needs to go as well as potential replacements.

In response, there have been calls for Thomas to recuse himself on matters related to Trump and his administration.  Trump’s call for Sotomayor and Ginsberg to recuse themselves is not only a way to further politicize the Supreme Court; it also provides his media enablers with a distraction from the issues surrounding Thomas and the ability to pretend that both sides do it.

All of these issues have prompted Trump’s defensive and unPresidential behavior. But even more significant is a case  that could require him to release his tax returns.

From everything we’ve seen, that is the hill that this president is prepared to defend at all costs. And according to CNN, the latest dissent issued by Sotomayor could indicate that tensions are rising as the justices consider these major cases.

Here, then, is a critical test of the Court’s independence. Will Trump’s appointees behave like the grateful tools he clearly believes they are? Will they demonstrate allegiance to Trump, or to the Constitution?

The answer to that question will tell us whether we retain a system based–however insecurely–on the rule of law.

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A Little Help For My Friends…

Welcome to our banana republic, where rules don’t matter but relationships and loyalty to the despot do.

Where to start?

Well, first there were the pardons.  In the New Yorker, Jeffrey Toobin explained that authoritarians dispense both punishment and largesse based on their own whims–unconstrained by quaint mechanisms like legal rules.

The point of authoritarianism is to concentrate power in the ruler, so the world knows that all actions, good and bad, harsh and generous, come from a single source. That’s the real lesson—a story of creeping authoritarianism—of today’s commutations and pardons by President Trump.

By now, Americans who follow the news know the names of the high-profile criminals Trump pardoned:  Rod Blagojevich, the corrupt former governor of Illinois, who was eight years into a sentence of fourteen years; Michael Milken, the junk-bond king; Bernard Kerik, the former New York City police commissioner, and Edward J. DeBartolo, Jr., former owner of the San Francisco 49ers. (The last three all pled guilty.)

The common link among this group is that all have some personal connection to the President. Blagojevich was a contestant on “Celebrity Apprentice,” and he was prosecuted by Patrick Fitzgerald, a close friend of and lawyer for James Comey, the former F.B.I. director who is a Trump enemy. Explaining his action today, Trump said of the case against Blagojevich, “It was a prosecution by the same people—Comey, Fitzpatrick—the same group.” Milken’s annual financial conferences are a favorite meeting place for, among others, Trump’s moneyed friends. (Ivanka Trump and Jared Kushner spoke at last year’s gathering.) Milken is also an active philanthropist, as Trump observed: “We have Mike Milken, who’s gone around and done an incredible job for the world, with all of his research on cancer, and he’s done this and he suffered greatly. He paid a big price, paid a very tough price.” Trump’s explanation for the Kerik pardon is probably the most revealing. The President said that Kerik is “a man who had many recommendations from a lot of good people. (Kerik was appointed police commissioner by Rudolph Giuliani.)

Toobin says Trump’s pardons show that he can reward his friends and his friends’ friends. The message is clear: better to be a dictator’s friend, since he can also punish his enemies.

Other media sources have pointed out that all of the recipients–there were 11 total– had either an inside connection or had been promoted on Fox News. Then, of course, there was money:  Business Insider reported that Trump also pardoned Paul Pogue, a construction-company owner who pled guilty in 2010 to underpaying his taxes by nearly half a million dollars. Coincidentally, Pogue’s son and daughter-in-law donated over $200,000 to Trump’s campaign just since August,  although their cumulative previous donations to Republican campaigns came to less than $10,000.

And speaking of the pardon power…

According to Julian Assange’s lawyer, President Trump offered the WikiLeaks chief a pardon if he would agree to say that Russia had nothing to do with hacking emails from Democrats during the 2016 presidential election.

It’s all about helping your friends and screwing over those who are insufficiently devoted to the “dear leader.”

Last week, Trump named Richard Grenell, reportedly a “fierce advocate” of the President who has been the (detested and embarrassing) ambassador to Germany, as acting director of national intelligence, overseeing the 17 U.S. spy agencies. From all reports, Grenell is a massively unqualified rightwing political hack.

There’s also the fact that Grenell may have been put into the acting DNI role to protect the president’s political interests.

Grenell is replacing former National Counterterrorism Center director and retired Vice Admiral Joseph Maguire in the acting role. On Thursday afternoon, the Washington Post reported that Trump berated Maguire last week over a classified briefing one of his deputies had given Congress on 2020 election security.

The New York Times reports that the official, Shelby Pierson, “warned House lawmakers last week that Russia was interfering in the 2020 campaign to try to get President Trump re-elected” and that that briefing “angered Mr. Trump, who complained that Democrats would use it against him.”

Thanks to the spineless and arguably treasonous Republicans in the U.S. Senate, Trump no longer feels the need to hide his corruption. Instead, he revels in it.

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Extortion–And Susan Collins

Well, Susan Collins was right–sorta. Trump did learn a lesson from the Impeachment whitewash that she and the other Republican Senators handed him.

The lesson? Extortion works and I can keep doing it.

Earlier this week, Trump tweeted:

I’m seeing Governor Cuomo today at The White House. He must understand that National Security far exceeds politics. New York must stop all of its unnecessary lawsuits & harrassment, start cleaning itself up, and lowering taxes. Build relationships, but don’t bring Fredo!

This, of course, is vintage Trump, displaying both his trademark ignorance of how government actually works and his mob-godfather behavior.

Letitia James, New York’s Attorney General responded to the obvious ignorance.

When you stop violating the rights and liberties of all New Yorkers, we will stand down. Until then, we have a duty and responsibility to defend the Constitution and the rule of law.

BTW, I file the lawsuits, not the Governor.

As commentators have noted, this new threat followed a more generalized version that Trump had included in his delusional, fact-free State of the Union speech. In that speech, he threatened reprisals against sanctuary cities and states (mischaracterizing, as usual, what sanctuary laws say and do–it really is amazing how impervious he has been to learning anything in the three years he’s held office).

It also followed a previous, petty retaliation against New York, described by a Daily Kos contributor:

When the Department of Homeland Security announced on Feb. 7 that residents of New York would no longer be allowed to participate in programs such as Global Entry that speed passengers through airport security, it seemed like an act of petty vengeance. But then … petty vengeance is Donald Trump’s middle name. He just spells it with a J. So the idea that Trump would make a move designed to irritate millions of New Yorkers because their state passed laws supporting immigrants seemed absolutely believable.

But as it turns out, Trump wasn’t acting out of pure retaliation. Not at all. On Thursday Trump fired off a tweet making it clear that the real purpose behind making New Yorkers go to the back of the line was extortion—to force the state into leaving his taxes, his company, and his friends alone.

After all, it worked so well in Ukraine.

For a more in-depth discussion of this latest, astonishingly brazen effort to obtain a personal quid pro quo–threatening to withhold money meant to protect the citizens of New York unless that state dropped its multiple investigations into his criminal activities–you really should visit (or revisit, if you have already seen it) this discussion on Morning Joe.

Once again, the word that comes to mind is chutzpah.

What I find so astonishing is not the criminal behavior itself–and make no mistake, it is criminal, although I’m sure that the blowback will be dismissed with Trump’s usual “it was a joke” disclaimer (this from a man who wouldn’t know humor if he encountered it)– but the chutzpah of tweeting it out for the whole world to see. All that was missing was “Nah nah nah–you can’t impeach me! I’m protected by the spineless, dishonest, unAmerican Republicans in Mitch McConnell’s Senate.”

Yes indeed, Senator Collins. He certainly learned a lesson…

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