Tag Archives: Trump

High Crimes and Misdemeanors–McConnell Version

In criminal law classes, lawyers-to-be learn about something called mens rea–a term that means “criminal intent.” In order to find someone guilty of a crime, it is necessary to prove that they intended to commit that crime. Otherwise, depending upon the facts involved, they may instead be guilty of gross negligence, or found not guilty by reason of incapacity.

If I had to defend Donald Trump against charges of treason, I would argue he lacked the mental capacity to understand what treason is.  After all, there’s plenty of evidence that he is seriously deranged and none-too-bright.

Mitch McConnell is another matter entirely.

NPR recently covered a speech by Joe Biden in which our former vice-President explained why the administration did not go public before the election with the information it had about Russian interference.

Former Vice President Joe Biden says he and President Barack Obama decided not to speak out publicly on Russian interference during the 2016 campaign after Senate Majority Leader Mitch McConnell refused to sign a bipartisan statement condemning the Kremlin’s role.

Speaking on Tuesday at the Council on Foreign Relations, Biden said the Obama administration sought a united front to dispel concerns that going public with such accusations would be seen as an effort to undermine the legitimacy of the election.

However, McConnell “wanted no part of having a bipartisan commitment saying, essentially, ‘Russia’s doing this. Stop,’ ” he said.

Essentially, McConnell blackmailed the President. If the administration accused Russia of meddling, he would accuse Obama of manufacturing the allegation in order to gain a partisan advantage.

The former vice president’s account echoes reporting that first appeared in The Washington Post in June describing a meeting that occurred the same month between Obama’s Homeland Security Secretary Jeh Johnson, then-FBI Director James Comey, Homeland Security adviser Lisa Monaco and 12 key members of Congress.

I have previously shared my belief that Mitch McConnell is the most evil man in America, and that was before I knew anything about this particular despicable episode.

Politicians and scholars have various definitions of “high crimes and misdemeanors.” In my opinion, consistently advantaging the interests of your political party over your constitutional responsibilities and the welfare of the country qualifies.

I’m not talking about the various procedural games McConnell has always played; partisans in both parties engage in tactical efforts to advantage their “side” when they can. Refusing to hold hearings on a Supreme Court nominee–simply ignoring the Senate’s obligation to “advise and consent”–is another matter entirely. Not only was it a dishonorable breach of duty, McConnell had to know that he was doing long-lasting damage to the legitimacy of both the Senate and the Court–and further polarizing the country. He didn’t care; “winning” was more important.

As outrageous as that was, McConnell’s willingness to put his party’s interest above the security of the country–to ignore an attack by a foreign power on the integrity of the U.S. election, an attack that he knew had occurred and that he has subsequently confirmed that he knew had occurred–is every bit as treasonous as Trump’s slavish subservience to that foreign power.

McConnell–not Trump– is the real leader of today’s Republican Party–a party that, as a recent article in the Nation charged, has been and continues to be shamefully complicit.

Russiagate isn’t just the narrow story of a few corrupt officials. It isn’t even the story of a corrupt president. It’s the story of a corrupt political party, the one currently holding all the levers of power in Washington. After Trump groveled before Putin in Helsinki, many Republicans in Washington proclaimed their solemn concern, just as they did when the president expressed his sympathy for the white supremacists in Charlottesville last year. But all of them are fully aware that they are abetting a criminal conspiracy, and probably more than one.

Congressional Republicans have made it abundantly clear that the delivery of tax cuts and ideologically acceptable Supreme Court Justices to their patrons is far more important to them than protecting the security of the country they are pledged to serve.

Trump is stupid and insane. McConnell is smart and evil. They are both corrupt, self-serving traitors. Congressional Republican know that–and protect them anyway. What does that make them?

Despicable.

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Chilling…And Compelling

One of my favorite anecdotes about the early days of America’s newspapers comes from a friend who has edited a number of small-town papers and is something of a journalism history buff.  Early newspapers did no reporting; they were just compilations of the circulars generated mostly by the political parties. According to my friend, the masthead of one such publication  proclaimed “interesting, if true.”

That pretty much sums up my reaction to a recent, lengthy and unnervingly persuasive article in New York Magazine.

And that was before Trump’s disastrous, groveling presser with Putin in Helsinki.

The article was written by Jonathan Chait, whose previous work I have found solid (to the extent I am capable of making such judgments). Chait didn’t claim his thesis is proven, only that it is plausible. It was a “what if” speculation that looked at the entirety of what we knew before that outrageous betrayal of his oath of office .

The unfolding of the Russia scandal has been like walking into a dark cavern. Every step reveals that the cave runs deeper than we thought, and after each one, as we wonder how far it goes, our imaginations are circumscribed by the steps we have already taken. The cavern might go just a little farther, we presume, but probably not muchfarther. And since trying to discern the size and shape of the scandal is an exercise in uncertainty, we focus our attention on the most likely outcome, which is that the story goes a little deeper than what we have already discovered. Say, that Donald Trump Jr., Jared Kushner, and Paul Manafort told their candidate about the meeting they held at Trump Tower with a Russian lawyer after they were promised dirt on Hillary Clinton; and that Trump and Kushner have some shady Russian investments; and that some of Trump’s advisers made some promises about lifting sanctions.

But what if that’s wrong? What if we’re still standing closer to the mouth of the cave than the end?

The media has treated the notion that Russia has personally compromised the president of the United States as something close to a kook theory. A minority of analysts, mostly but not exclusively on the right, have promoted aggressively exculpatory interpretations of the known facts, in which every suspicious piece of evidence turns out to have a surprisingly innocent explanation. And it is possible, though unlikely, that every trail between Trump Tower and the Kremlin extends no farther than its point of current visibility.

Chait goes through the lengthy chronology of Trump’s connections with Russia, a chronology suggesting that the situation may be much worse than we now suspect. As he notes, publicly available information about the Russia scandal is extensive, but disjointed.

The way it has been delivered — scoop after scoop of discrete nuggets of information — has been disorienting and difficult to follow. What would it look like if it were reassembled into a single narrative?

It’s tempting to dismiss the article as yet another conspiracy theory in an age that seems to encourage them, but as Chait points out, the people who seem most convinced of its likelihood are not the radio shock-jocks or other “usual suspects.” They are people like John Brennan, former head of the CIA, and other high government officials.

If Chait’s “what if” speculation proves true, calling it “chilling” is an understatement.

If that’s true, we are in the midst of a scandal unprecedented in American history, a subversion of the integrity of the presidency. It would mean the Cold War that Americans had long considered won has dissolved into the bizarre spectacle of Reagan’s party’s abetting the hijacking of American government by a former KGB agent. It would mean that when Special Counsel Robert Mueller closes in on the president and his inner circle, possibly beginning this summer, Trump may not merely rail on Twitter but provoke a constitutional crisis.

And it would mean the Russia scandal began far earlier than conventionally understood and ended later — indeed, is still happening. As Trump arranges to meet face-to-face and privately with Vladimir Putin later this month, the collusion between the two men metastasizing from a dark accusation into an open alliance, it would be dangerous not to consider the possibility that the summit is less a negotiation between two heads of state than a meeting between a Russian-intelligence asset and his handler.

After that disgraceful press conference, Chait’s “possibility” seems all too likely.

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GOP’s Moment Of Truth

We really are in “never never” land. It is impossible to draw innocent conclusions from yesterday’s press conference following Trump’s private meeting with Vladimir Putin.  During yet another incoherent and unhinged rant, the President insulted America’s intelligence community and insisted that he believed Putin’s denials of election interference.

The “summit” with Putin came on the heels of disastrous meetings during which Trump insulted America’s closest allies and inflicted significant damage on important American alliances.  In stark contrast, he absolutely fawned over Putin– even after Putin made a point of coming 45 minutes late to their meeting, a public signal of disrespect that somehow didn’t enrage our notoriously thin-skinned POTUS.

At this point in the surreal saga that has been the Trump presidency, there is no longer any doubt about Russia’s interference in the American election. That case has been made over and over by American Intelligence officials, most recently, Dan Coats. It has been confirmed by the mounting number of detailed indictments filed and guilty pleas obtained by Bob Mueller.

Over at Vox, Ezra Klein has an exhaustive (and damning) list of what we now absolutely know.Not what we speculate, not what we surmise, but what we know.

Nevertheless, as Klein noted,

Standing next to Putin, Trump turned on America’s intelligence services, and again mused about how much better it might have been if Russia had cracked Clinton’s server and gotten her documents.

So while the entire world was watching, the President of the United States attacked agents of his own country and administration– and gave Putin a big wet kiss.

As Thomas Friedman wrote in the New York Times, 

Such behavior by an American president is so perverse, so contrary to American interests and values, that it leads to only one conclusion: Donald Trump is either an asset of Russian intelligence or really enjoys playing one on TV.

Everything that happened in Helsinki today only reinforces that conclusion. My fellow Americans, we are in trouble and we have some big decisions to make today. This was a historic moment in the entire history of the United States.

There is overwhelming evidence that our president, for the first time in our history, is deliberately or through gross negligence or because of his own twisted personality engaged in treasonous behavior — behavior that violates his oath of office to “preserve, protect and defend the Constitution of the United States.”

A Manchurian candidate committing intentional treason would have been more skillful. Even if–as a friend of mine posits–the Russian oligarchs who have financed Trump for years have him “by the short hairs”– the stupidity displayed at the press conference was counterproductive. This clumsy and irrational performance  just adds to the already overwhelming amount of evidence that (while he may or not be a knowing Russian asset) Trump is definitely seriously mentally ill.

The real question is: what will Congressional Republicans do with this incontrovertible, in-your-face evidence of traitorous behavior? How long can they pretend he is either competent or acting in America’s interests? As Friedman says,

Every single Republican lawmaker will be — and should be — asked on the election trail: Are you with Trump and Putin or are you with the C.I.A., F.B.I. and N.S.A.?

As former CIA chief John Brennan tweeted,

Donald Trump’s press conference performance in Helsinki rises to & exceeds the threshold of “high crimes & misdemeanors.” It was nothing short of treasonous. Not only were Trump’s comments imbecilic, he is wholly in the pocket of Putin. Republican Patriots: Where are you??? 

Where indeed? They sure aren’t from Indiana. And I haven’t noticed much in the way of patriotism from other Republicans currently serving in the House or Senate.

The refusal of an American President to honor his oath of office–his refusal to protect and defend our country– is a Constitutional crisis. If GOP lawmakers continue to put their own interests and those of their party above their duty to the country, if they continue to abet this President’s erratic and treasonous behavior, history will not be kind to them.

Hopefully, neither will the voters.

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A Partisan Supreme Court

Now that we know a bit more about the Federalist Society’s nominee, I guess it’s time to talk about the Supreme Court.

In no particular order, and for what they are worth, here are some observations about the Court, the process and this nominee.

The Supreme Court was not intended to be a “democratic” (small d) entity; quite the contrary. The judicial branch is supposed to be a nonpartisan constraint on majoritarian passions when those passions threaten Constitutional principles and the rule of law. That said, its judges are supposed to be broadly representative of the (best of) our citizenry.  This nominee is the choice of a President who lost the popular vote by a margin of nearly three million, and whose approval ratings have rarely exceeded 40%; if he is confirmed, it will be with the votes of Senators from states with (an arguably unrepresentative) 45% of the population.

As one legal scholar has commented (link unavailable),

I think we’d all agree that the nation has been fairly evenly divided, all things considered, in presidential and congressional elections over the past 50 years. Yet there has been a Republican-appointed majority of the Court for the past 47 years, and that’s likely to continue for at least another 20-30, if not more. It doesn’t much matter what label we use to describe our system, “democracy” or otherwise. The salient point is that it is very possible that for my entire adult life–even if I am fortunate to live to a ripe old age–the Justices will not have been representative of the nation, and will have been systematically skewed in one direction for the entire period.

Over at Balkinization, Mark Graber points to a conflict between this nominee’s actual–highly partisan– jurisprudence and the “cliches” he and Trump use to describe his judicial philosophy:

Donald Trump and Brett Kavanaugh offered the American people two clichés when describing how Supreme Court justices should decide cases.  The first is that they must interpret the Constitution as written.  The second is that they should use common sense.  One problem is that in many important cases the two conflict.  The more serious problem is that when the two conflict, Kavanaugh always selects the option that promotes Republican policies and politics.

In 2012, Stephen Pearlstein wrote a column about one of Kavanaugh’s decisions, a decision invalidating EPA regulations that had been the subject of exhaustive research, numerous hearings, and years of negotiations with industry and environmental groups. (I strongly encourage you to click through and read the whole column.) Reading Kavanaugh’s decision, Pearlstein says

You’d have no idea that, in earlier decisions, the same court had found it a reasonable formula resulting in reasonable compliance costs, but sent an earlier version back to be reworked because it didn’t make the air clean enough.

Instead, what you get is 60 pages of legal sophistry, procedural hair-splitting and scientific conjecture.

You find a judge without a shred of technical training formulating his own policy solution to an incredibly complex problem and substituting it for the solution proposed by experienced experts.

You find an appeals court judge so dismissive of the most fundamental rules of judicial restraint that he dares to throw out regulations on the basis of concerns never raised during the rule-making process or in the initial court appeal.

In other words, an arrogant and activist judge ruling on the basis of his personal political ideology.

Kavanaugh’s approach to gun laws also follows partisan predilections justified as respect for history and tradition. Because “semiautomatic rifles have not traditionally been banned and are in common use,” he has written,” they are protected under the Second Amendment.”

What happened to that professed commitment to common sense?

Perhaps the most comprehensive descriptions of Kavanaugh’s record–and reasons to oppose his elevation to the Court– are contained in a letter signed by hundreds of alumni of Yale and its law school. I strongly encourage reading that letter in its entirety, because it details numerous specific positions the judge has embraced (including his opposition to mandating coverage of pre-existing conditions by health insurance companies, and a truly bizarre opinion that Net Neutrality rules run afoul of the First Amendment). As the letter argues:

Support for Judge Kavanaugh is not apolitical. It is a political choice about the meaning of the constitution and our vision of democracy, a choice with real consequences for real people. Without a doubt, Judge Kavanaugh is a threat to the most vulnerable.

Much of the opposition to this appointment centers on Kavanaugh’s likely approach to Roe v. Wade. But Roe–which has already been “nibbled” to death in many states–is just the tip of a very large iceberg. Kavanaugh has consistently elevated religious doctrine over personal autonomy, and has disputed the existence of a wall of separation between church and state.

In the age of Trump, however, a position taken by Kavanaugh that I find even more chilling is his current view that Presidents should be above the law, at least while in office. As the Yale alumni wrote,

Judge Kavanaugh would also act as a rubber stamp for President Trump’s fraud and abuse. Despite working with independent counsel Ken Starr to prosecute Bill Clinton, Judge Kavanaugh has since called upon Congress to exempt sitting presidents from civil suits, criminal investigations, and criminal prosecutions. He has also noted that “a serious constitutional question exists regarding whether a president can be criminally indicted and tried while in office.” This reversal does not reflect high-minded consideration but rather naked partisanship. At a time when the President and his associates are under investigation for various serious crimes, including colluding with the Russian government and obstructing justice, Judge Kavanaugh’s extreme deference to the Executive poses a direct threat to our democracy.

Does Judge Kavanaugh have the credentials and intellect to serve on the Court? Certainly.

Does he have the intellectual humility and “spirit of liberty” that Learned Hand once defined as “the spirit which is not too sure that it is right… the spirit which seeks to understand the minds of other men and women… the spirit which weighs their interest alongside its own without bias”?

Not even close.

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Tariff Time…

Trump’s Tariffs went into effect last week, and the response from America’s trading  partners has been predictable–with one possible caveat. The targeted nations have responded by imposing their own tariffs, as expected–but they have also focused those retaliatory measures on goods produced in states that supported Trump. It’s an interesting gambit; we’ll see how it plays out.

The Republican Party used to be adamantly opposed to tariffs and trade wars, but the supine and complicit GOP Senators and Representatives currently serving have barely uttered a peep. It isn’t because they don’t know the dangers a trade war poses to the recovery we are currently enjoying–it’s because they must once again choose between the remaining shreds of their integrity and their business constituents, on the one hand, and the rabid Trump supporters who form a majority of the shrinking party’s base on the other.

As usual, Paul Krugman’s analysis of the political calculations involved is direct and on point. Krugman connects two very important dots: the longstanding Faustian bargain between big business and the GOP’s racist foot-soldiers, and the party’s war on expertise and evidence.

The imminent prospect of a trade war, it seems, concentrates the mind. Until very recently, big business and the institutions that represent its interests didn’t seem to be taking President Trump’s protectionist rhetoric very seriously. After all, corporations have invested trillions based on the belief that world markets would remain open, that U.S. industry would retain access to both foreign customers and foreign suppliers.

Trump wouldn’t put all those investments at risk, would he?

Yes, he would — and the belated recognition that his tough talk on trade was serious has spurred a flurry of action. Major corporations and trade associations are sending letters to the administration warning that its policies will cost more jobs than they create. Meanwhile, the U.S. Chamber of Commerce has begun an advertising campaign to convince voters of the benefits of free trade.

As Krugman notes, there is a heaping pile of “just deserts” here; corporate America has played cynical politics for years and is reaping what it sowed.

What do I mean by cynical politics? Partly I mean the tacit alliance between businesses and the wealthy, on one side, and racists on the other, that is the essence of the modern conservative movement.

For a long time business seemed to have this game under control: win elections with racial dog whistles, then turn to an agenda of tax cuts and deregulation. But sooner or later something like Trump was going to happen: a candidate who meant the racism seriously, with the enthusiastic support of the Republican base, and couldn’t be controlled.

The nature of that alliance became abundantly clear to anyone paying attention in 2016. But Krugman’s other important point is still insufficiently appreciated.

When organizations like the Chamber of Commerce or the Heritage Foundation declare that Trump’s tariffs are a bad idea, they are on solid intellectual ground: All, and I mean all, economic experts agree. But they don’t have any credibility, because these same conservative institutions have spent decades making war on expertise.

The most obvious case is climate change, where conservative organizations, very much including the chamber, have long acted as “merchants of doubt,” manufacturing skepticism and blocking action in the face of overwhelming scientific consensus. Not to put too fine a point on it, it’s hard to pivot from “pay no attention to those so-called experts who say the planet is warming” to “protectionism is bad — all the experts agree.”

Similarly, organizations like Heritage have long promoted supply-side economics, a.k.a., voodoo economics — the claim that tax cuts will produce huge growth and pay for themselves — even though no economic experts agree. So they’ve already accepted the principle that it’s O.K. to talk economic nonsense if it’s politically convenient. Now comes Trump with different nonsense, saying “trade wars are good, and easy to win.” How can they convince anyone that his nonsense is bad, while theirs was good.

Krugman ends his analysis by pointing to another looming threat to business (and the rest of us): authoritarianism. As he notes, it isn’t simply world trade that’s at risk, but the rule of law. “And it’s at risk in part because big businesses abandoned all principle in the pursuit of tax cuts.”

Meanwhile, the experts who are scorned by this administration are weighing in on the likely consequences of Trump’s economic ignorance:

There’s no formal definition of what constitutes a trade war, but the escalating exchange of trade barriers between the United States and its trading partners has hit a point where most economists say there will be a negative impact. Companies will scale back on investments, growth will slow, consumers will pay more for some items, and there could be more job losses. The Federal Reserve warned Thursday some companies are already scaling back or postponing plans.

We all need to hang on tight, because when you give the keys of your economic vehicle to a guy who couldn’t pass the drivers’ test, your ride is likely to be something between bumpy and disastrous.

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