Trump, Guiliani And Ukraine: Words Matter

Talking Points Memo has the best explanation of the unprecedented treachery that I’ve encountered.

Josh Marshall begins his analysis by emphasizing the importance of the words we use to describe the situation.

Over the last two days, I’ve been trying to take stock of the quick rush of new details about this emerging Trump/Ukraine scandal. It is clear purely on the basis of what is now undisputed in the record that the President and Rudy Giuliani are guilty of a criminal abuse of power and that most or all of the President’s top national security advisors have been complicit in and quite likely participated in that criminal activity.

But before we can really understand this story in any coherent way we need to realize that many of the words and concepts are simply wrong. Indeed they pack the criminal conduct and deception into the very vocabulary we use. That makes it next to impossible to make sense of what’s actually going on.

Josh points first to the standard description of this scandal: Rudy Giuliani pressing the government of Ukraine to launch an investigation of Joe Biden and his son Hunter. That, as Josh writes, is inaccurate. There has already been a thorough investigation of these allegations, and absolutely no wrongdoing was uncovered. So what’s being demanded isn’t an investigation. Trump and Giuliani are demanding that Ukraine manufacture damaging and false information.

The U.S. government has ample resources to conduct its own investigations and little compunction about investigating bad acts that Americans commit abroad. Indeed, there’s a whole set of laws to cover corrupt acts by Americans abroad. To the extent the FBI needs assistance of local law enforcement, treaties or geo-strategic clout will make that happen. The central claim – that Biden got a Ukrainian prosecutor fired to protect his son – is preposterous on its face to anyone who followed what was happening at the time…When you demand an “investigation” when investigations have already happened and there’s demonstrably nothing to investigate, this is a mislabeling of what is happening. You’re pressuring someone to manufacture damaging information – in this case, using the existential threat of withholding great power military support.

Also misused is the frequent identification of Giuliani as “the President’s private lawyer.” Marshall explains why crazy Rudy is not acting as a lawyer– and why the appropriate designation is the President’s ambassador, and that is incredibly dangerous. It allows Giuliani to speak with the authority of and issue threats on behalf of the President of the United States, “and conduct what amounts to personal diplomacy in the President’s interest” unrestricted by the rules governing public officials.

Giuliani is President Trump’s personal ambassador and Ukraine isn’t his only stomping ground. He has continued to work for the MEK, the Iranian dissident group until recently classified as a terrorist organization by the U.S. government, while President Trump tries to topple the government of Iran. Josh Kovensky assembled this list of nine other countrieswhere Giuliani has traveled, since becoming Trump’s “personal lawyer” for either private consulting or speaking engagements: Armenia, Ukraine, Turkey, Bahrain, Qatar, Israel, Albania, France and Poland. Giuliani has been doing foreign consulting work with regimes around the world since 2002, leveraging his reputation as Mr. 9/11. So foreign consulting isn’t new for Giuliani. But it’s impossible to imagine that his juice hasn’t been turbocharged to an infinite degree by the fact that he is now the personal emissary of the President of the United States. It also seems quite unlikely he isn’t doing business for the President too, either for the President’s businesses or for his political protection.

 The U.S. Constitution gives the American President great power to conduct foreign policy and enforce the laws on behalf of the Republic. They are delegated specifically for that purpose, much as a private individual might delegate to an investment advisor or attorney the power to act on the individual’s behalf or in their interest. The President also has great latitude to decide what is in the national interest. But when he or she clearly uses those powers – which are massively inflated by the power of the American state – to profit personally or defend his personal interests they immediately become an abuse of power. When they are used to interfere with conducting a free and fair election in the U.S. they clearly constitute criminal abuse of power.

The words here matter. Giuliani is the President’s private diplomat, private ambassador. If those words are too rich for your blood call him the President’s personal representative. Whatever it is, the President has given him the power to threaten and negotiate with the full weight of presidential power for Donald Trump’s private gain. That’s not lawyering. He’s not a “personal lawyer.” And he’s asking a foreign power to manufacture evidence to tamper with a U.S. presidential election.

If this isn’t a constitutional crisis, nothing is.

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Losing Privilege And Throwing A Tantrum

In 2016, following Trump’s win of the Electoral College vote, reasonable Americans  debated a foundational question: why? What would prompt a voter to cast a ballot for someone so obviously unfit for any office, let alone the Presidency? There were plenty of theories offered: hatred of Hillary, misogyny, a desire to blow up “the system,” Trump’s overt appeal to racism.

In the almost three years that have followed, the question changed. Now the mystery is his continued support by a significant majority of present-day Republicans. (I say present-day, because there have been sizable defections from the GOP in the wake of Trump’s election.) After three years of embarrassing behavior, constant obvious lies, and ample evidence of both ignorance and mental illness, how has he managed to retain the loyalty of his base?

A lot of us have guessed the (depressing) answer, but three years of academic research and simple observation have confirmed it. As a recent article initially published by Salon put it,

Trumpism is a form of backlash politics fueled by white rage at a perceived loss of privilege and power in a more diverse and cosmopolitan world. Trumpism is a temper tantrum along the global color line fueled by anxieties about power and social dominance.

That about sums it up.

It isn’t like the administration is trying to hide its bigotry. Aside from the horrendous treatment of brown people seeking asylum, there have been homophobic Executive orders about who can serve in the armed forces, anti-Semitic characterizations of Jews who disagree with Trump’s policies on Israel, attacks on Congresspersons of color, and a wide variety of other assaults aimed at those considered “other.”

Recently, reporters uncovered the fact that the Justice Department, among others, has been including white nationalist propaganda in official emails.

The Justice Department’s Executive Office for Immigration Review last week included a blog post from an anti-immigrant hate site in its daily news briefing to immigration court employees—and it was no accident: BuzzFeed News reports it has done this several times over the past year. It hasn’t been just the DOJ, either. “In addition, similar newsletters sent to the Labor Department, ICE, HUD, and the Department of Homeland Security included links and content from hyperpartisan and conspiracy-oriented publishers.” Among the sites have been Western Journal and Epoch Times, two sites that have spread birther and QAnon nonsense.

But a good chunk of this egregious behavior has come from the Justice Department, which has distributed links from VDARE, a white supremacist site popular with anti-Semites and other shits, at least six times since last September. In the most recent incident last week, the Justice Department shared a VDARE post that attacked immigration judges by name and “with racial and ethnically tinged slurs,” said National Association of Immigration Judges Union President Ashley Tabaddor. “If I had sent this,” she commented, “I would be facing serious disciplinary action.”

As the Salon report noted,

In their 2016 article “Trump, Brexit, and the Rise of Populism,” social scientists Ronald Inglehart and Pippa Norris also locate Trumpism as part of a global right-wing movement that is channeling what they describe as “retro backlash.” This is a feeling “especially among the older generation, white men, and less educated sectors, who sense decline and actively reject the rising tide of progressive values, resent the displacement of familiar traditional norms, and provide a pool of supporters potentially vulnerable to populist appeals.”

In the absence of principled Republicans in the Senate, Trump has been able to populate government agencies and–what is more frightening–the federal bench with men (and a very few women) who share his hostility to disfavored minorities.

The Salon article cites research suggesting that Trump voters embrace chaos in the hopes that what emerges will allow them to regain what they feel they have lost.

Whatever the psychology, there is one overriding lesson for Democrats: they will not “peel off” many–if any–Republican voters. Those who still support Trump are a lost cause, and trying to appeal to them is a fool’s errand. What will defeat Trump and his cult is turnout. 

Most Americans, fortunately, strongly disapprove of Trump and his racism. Our job is to make sure they vote.

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The Whistleblower Conflict

Okay–I take back every qualm/criticism I’ve ever had about the U.S. Intelligence community. (I might resurrect them at some future date.) It may end up saving America.

A number of media outlets have reported on the Whistleblower complaint filed by an Intelligence officer who was evidently appointed by Trump. This story was originally from the Washington Monthly.

The whistleblower complaint that has triggered a tense showdown between the U.S. intelligence community and Congress involves President Trump’s communications with a foreign leader, according to two former U.S. officials familiar with the matter.

Trump’s interaction with the foreign leader included a “promise” that was regarded as so troubling that it prompted an official in the U.S. intelligence community to file a formal whistleblower complaint with the inspector general for the intelligence community, said the former officials, speaking on the condition of anonymity because they were not authorized to discuss the matter publicly.

It was not immediately clear which foreign leader Trump was speaking with or what he pledged to deliver, but his direct involvement in the matter has not been previously disclosed.

The communication in question evidently came in the form of a phone call. Reporters tracked down the president’s phone conversations with foreign leaders around that time;  the three that occurred in the two months before the complaint was filed were Chinese President Xi Jinping, French President Macron, and Vladimir Putin.

Also around the same time, Dan Coates, Director of National Intelligence, resigned. And shortly after that, the U.S. pulled out of the INF treaty with Russia.

Inspector General Atkinson (the Trump appointee) identified the whistleblower complaint as a matter of “urgent concern.” That triggered a requirement that the complaint be reported to Congress. But according to the Washington Post, Maguire–the acting head of DNI (this whole bloody Administration is “acting”) asked Bill Barr’s Justice Department for legal guidance and–surprise!– was told to withhold the information.

At that point, Atkinson informed Congress that a complaint had been made, but Maguire continued his refusal to share the information with the House Intelligence Committee.

While it’s tempting to speculate based on the timeline of events, what we actually know is that someone in the intelligence community was so concerned about what transpired on that phone call that he or she filed a whistleblower complaint. The inspector general found the complaint to be not only credible, but of “urgent concern.” When the new acting DNI refused to inform Congress, he took the extraordinary step of telling them that the complaint existed. In other words, to use Joe Biden’s vernacular, this is a Big Fuckin’ Deal.

Since this article was written, Atkinson has testified behind closed doors to the House Intelligence Committee, and several media outlets have suggested that more than one “impropriety” is involved. This might finally be enough to move Democrats off their reluctance to impeach….

Stay tuned….

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Spitting On The Environment

The Trump Administration’s effort to reverse environmental rules–in effect, to accelerate climate change rather than working to retard it–continues to frustrate and astound rational observers.

The administration has rolled back regulations on light bulb efficiency–regulations that dramatically cut energy use and saved consumers money.

It has declared war on California’s automobile regulations–despite the fact that all major automakers have communicated their strong disapproval of Trump’s rollback of fuel standards passed under Obama. The New York Times reports that the Justice Department, which William Barr is turning into a lapdog for Trump, is threatening to sue the automakers who entered into an agreement with California to meet the state’s higher standards.

And now–Trump’s EPA is rolling back regulations on methane, a move that threatens to worsen climate change, and is opposed by many fossil fuel companies. Not by all fossil fuel companies, however, as an August 29th Time Magazine report explains.

The Trump Administration announced Thursday the rollbackof an important environmental regulation on methane emissions that even some of the world’s biggest oil-and-gas companies support. The fact that Big Oil backed a regulation designed to stem emissions of a potent greenhouse gas was immediately wielded by Trump’s critics as evidence of how backward the move must be.

But that reaction missed an important takeaway. The oil-and-gas industry was split on the Environmental Protection Agency(EPA) methane rules, with some prominent companies supporting them and many smaller producers pushing for their elimination. The EPA’s decision to side with a group of smaller fossil-fuel firms shows the influence these obscure companies retain within the Trump Administration—and the power they have to slow climate legislation as addressing the issue grows more urgent.

The larger firms are almost all in the business of producing natural gas; they argue natural gas is a better option for the environment than coal.  Methane emissions, a byproduct of natural gas production, undercut that argument unless leaks are vigilantly policed. It is thus in the interests of those producers to comply with the stricter regulations.

Whatever the motive, methane is clearly bad for the environment.

Methane is more than 20 times as potent at trapping heat in the atmosphere as carbon dioxide on a pound-per-pound basis in the long term, and leaks of the gas could erase many of the gains the U.S. has made in reducing emissions.

But the EPA rollback wasn’t aimed at helping the big multi-national firms. Instead, the agency said it will help smaller oil-and-gas companies, many of which are drowning in debt and vulnerable to anything that increases their compliance costs. The EPA estimated that the rollback would save companies a total of up to $19 million annually—a small sum for oil majors, but a significant expense for some other firms.

This solicitude for the finances of small oil-and-gas companies comes at a substantial cost to the environment the agency is supposed to safeguard. The EPA was not established to coddle marginal businesses; it was established to ensure that Americans had clean air to breathe, potable water to drink, and–not so incidentally–a habitable planet to occupy.

This isn’t the first time Trump has irked big business with regulatory cuts that industry leaders did not want. Earlier this year, the Administration softened vehicle-efficiency standards even though auto companies said it would hurt their business. And the Administration has sought to intervene in energy markets to prop up coal, to the outrage of many energy companies.

The rollback of methane regulations now joins the 80+ environmental rules that Trump’s EPA has either voided or relaxed. There is no evidence that those regulations were ineffective or counterproductive; no data upon which this constant de-regulation is based–in most cases, quite the contrary. What evidence there is supports the efficacy and reasonableness of the prior regulatory approach.

There is, of course, one consistent thread that runs through every insane move made by this administration: if Obama did it, reverse it. If reversal is bad for the country, or the planet, so be it.

Our mentally-ill President’s obsession with his predecessor–his determination to erase Obama’s legacy–threatens the health and well-being of us all.

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About All Those “Best People”…Again

Talk about pots and kettles…take a look at the resume of Trump’s new press secretary–you know, the person charged with repeating the Administration’s unending accusations of sleaze and improprieties by journalists.

As Juanita Jean reports in her inimitable style:

If you’re wondering why Trump’s new press secretary, Stephanie Grisham, is not talking to the press or holding press conferences it’s because she’s … well… probably drunk or stealing something.

She was arrested for driving under the influence, speeding, and driving with an invalid license in 2013, according to the report, and the charges were later reduced to reckless driving. Grisham was also arrested for driving under the influence in December 2015, ultimately pleading guilty. She paid a fine and was ordered by the court into a treatment program.

One of the DUIs took place while she was a press aid to Trump’s campaign.

There’s more. Juanita notes that Grisham’s performance at previous jobs was–well, let’s just say substandard. She reportedly left AAA under a cloud for filing false travel and expense claims. She lost a job at something called Mindspace for plagiarism. She worked for an Arizona Attorney General who was fined for campaign finance violations, and on his behalf, responded to reporters’ inquiries by accusing the press of “overreaching, an invasion of privacy and abusive use of your role in the media.”

I’ve seen her picture, though, and she is attractive. When it comes to women, Trump’s definition of “best people’ usually revolves around physical appearance. (Big boobs are a plus.)

With men, of course, “best people” means one thing only: loyalty. Which brings us to the despicable William Barr. As both Talking Points Memo and the Washington Post have reported,

Attorney General Bill Barr has booked a $30,000 Gaelic-themed holiday party at the Trump D.C. hotel, the Washington Post reports.

The event is slated to occur Dec. 8 and will feature a four-hour open bar.

Again, there’s much more. (If Barr’s only ethical violation was improper enrichment of his boss, that would be a real improvement.)

Barr has yet to respond to multiple calls to recuse himself from the Jeffrey Epstein case–a case that could easily ensnare Epstein’s former good friend, Donald Trump.

He joined Wilbur Ross in refusing to comply with subpoenas issued as part of the Congressional probe of the Administration’s effort to add a citizenship question to the 2020 census–a refusal that led to a symbolic House vote of criminal contempt. (Symbolic, because the Department of Justice, which Barr heads, would have to enforce it.)

His pandering to Trump included a highly controversial and obviously partisan decision to launch an inquiry into the origins of the FBI’s 2016 Russia investigation–a decision that  fueled understandable concerns about the politicization of the Justice department.

And of course, there was his utterly dishonest 4-page “summary” of the Mueller Report.–a summary so inaccurate it received a reprimand from the famously taciturn Mueller himself.

A quote from Adam Schiff in Newsweek was focused upon Barr and Rosenstein, but it really applies to any of the “best people” who work for Trump for any length of time.

Congressman Adam Schiff harshly criticized Attorney General William Barr as well as Deputy Attorney General Rod Rosenstein, suggesting they acquiesced to pressure from President Donald Trump to act unethically.

“What we are seeing is anyone that gets close to Donald Trump becomes tainted by that experience,” the California Democrat who chairs the House Intelligence Committee said in an interview with CNN’s New Dayon Wednesday morning. “And the fundamental conundrum is, How do you ethically serve a deeply unethical president?” Schiff said. “And as we are seeing with Bill Barr, and as I think as we saw with Rod Rosenstein, you can’t.”

 In all fairness, it’s not a problem for most of the President’s “best people.” They can’t even spell ethics, let alone define the term.

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