Sunday, September 29, 2019

Republicans might oppose impeachment, but do they condone what Trump did? By Dan Balz 


Politics
Analysis
Republicans might oppose impeachment, but do they condone what Trump did?

By
Dan Balz 
September 28, 2019 at 11:09 p.m. GMT+9
For most of the time President Trump has been in office, Republican elected officials have chosen to look away or down during difficult moments. They have preferred silence over speaking out, whether out of a fear of political retaliation or a calculation that the value of policies he and they are pursuing outweigh any damage brought about by his behavior.

The revelations of the past two weeks put Republicans in new and far more uncomfortable territory, but little has changed so far in their posture toward the president. They are doing all they can to keep their heads down, showing once again the degree to which the president has cowed the Grand Old Party.

First it was the reports by the media, starting with The Washington Post and then by others, about the existence of a whistleblower’s complaint charging Trump with using his office to ask a foreign leader to attack a political rival.

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Then it was the memorandum detailing the July 25 telephone call between Trump and Ukrainian President Volodymyr Zelensky, in which the president sought help — “a favor” — in finding hacked servers and later suggested Ukraine undertake an investigation of former vice president Joe Biden and his son Hunter, who for a time sat on the board of a Ukrainian company that had come under scrutiny.

Then came additional explosive allegations, contained in a whistleblower’s complaint released on Thursday, as Joseph Maguire, the acting director of national intelligence, was preparing to testify on Capitol Hill.

Whistleblower painstakingly gathered material and almost single-handedly set impeachment in motion

The complaint offered a well-documented description of events over a period of months, including the July 25 phone call, that pointed to a pressure campaign by the president, aided by others, on the newly elected Zelensky. The whistleblower document also raised the issue of a coverup by White House officials determined to conceal the contents of the call.

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At the end of the week, The Post reported that, in a 2017 Oval Office meeting with the Russian foreign minister, Trump had said he was not concerned about Russian interference in the 2016 election because the United States did the same in other countries.

When the first news reports surfaced more than a week ago, Sen. Mitt Romney (R-Utah) tweeted that, if the accounts were accurate, it “would be troubling in the extreme. Critical for the facts to come out.” He was the exception among Republican elected officials. Since the release of the whistleblower complaint and the memorandum of Trump’s phone call, Romney has kept his views about the road ahead to himself.

As more information has become public, Republicans have generally ducked questions from reporters, or defended the president. Republicans on the House Intelligence Committee, led by Chairman Adam B. Schiff (D-Calif.), have attacked Democrats on the panel. Rep. Devin Nunes (Calif.), the committee’s ranking Republican, accused Democrats of seeking to trap Maguire into criticizing the president. As Trump has attacked the Democrats, the general silence from Republican elected officials was impossible to ignore.

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Democrats look to move quickly to investigate Trump

There are some reasons Republicans have held back, even if they are troubled by what the president has done. The whistleblower’s complaint, as shocking as its contents are, is simply allegations that have yet to be fully investigated and corroborated.

Democrats do run the risk of leaping to conclusions before all the facts are known. That is a lesson from the investigation by former special counsel Robert S. Mueller III and his team on the question of collusion with the Russians. Though there were multiple contacts and a willingness on the part of the Trump team to receive dirt on Hillary Clinton, Mueller’s report said there was not clear evidence of a criminal conspiracy.

The onus now is on the Democrats to conduct a thorough investigation. An impeachment proceeding is not a cable television show. The purpose of the inquiry is to determine whether there are valid grounds to draw up articles of impeachment.

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Republican elected officials are reluctant to give any additional oxygen to Democratic efforts to bring down the president, whether through the electoral process or otherwise. Many of them say Democrats will use any means available to go after the president and do not want Republican rank and file to see them as sympathetic in any way to those efforts. In a polarized political environment, there is safety in staying within the family, private feelings aside.

So Republicans can hold back on the question of whether the president should be impeached and removed from office for what he has done. By doing so, they can avoid being subjected to a firestorm of criticism touched off by conservative talk radio or television personalities.

That, however, does not legitimize how Republicans are reacting and responding. They owe loyalty to their party, but elected representatives have a dual responsibility, which is to balance the party’s demands with an obligation to help set national standards. Whether the president should be impeached is not the only question on the table at this moment.

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On the basis of what is known — from the memorandum of the July 25 phone call, from what the president has said about what he said in that phone call and from the allegations contained in the whistleblower’s complaint — Republican elected officials will be fairly asked to say whether the president has met the accepted standards of the office, not whether he should be impeached but whether they find his conduct acceptable.

This is not a question of whether the president should stop tweeting or refrain from nasty attacks on his rivals. Trump’s decision to pressure a foreign leader to help undermine a potential 2020 challenger is in an entirely different category. That is why executive branch officials who listened to the phone call or were later privy to its contents found it so disquieting — and why some took steps to hide it, according to the whistleblower’s complaint.

Democrats will have to make the case as to why they think the president should be impeached and removed from office and try to persuade the public why that step is necessary, if that is where their work leads. But Republicans cannot hide from this, even if they regard impeachment as unwarranted.

Right now, through their collective silence, Republicans are telling the American people they either tolerate or condone the president’s actions. The longer they remain silent, the more they contribute to normalizing behavior by the president that is far beyond past standards.

Friday, September 27, 2019

Maguire just showed how corrupt the Trump administration is, by Paul Waldman

September 27

“I believe that this matter is unprecedented,” said acting director of national intelligence Joseph Maguire in his opening statement to the House Intelligence Committee on Thursday. It’s hard to argue with that. And the testimony he gave made clear — perhaps unintentionally — just how thoroughly infected with corruption the entire executive branch has become under President Trump.

Precisely because Maguire does not appear to be like some of Trump’s other appointees — not an amoral conspiracy theorist like Michael Flynn, nor a loyalist willing to brazenly deceive the public and twist government to the president’s purposes like Attorney General William P. Barr — he showed how poisonous this president is.

You probably hadn’t heard of Maguire before today. I have no idea what his political views are, but by all accounts even Democrats were somewhat relieved when Trump made him acting DNI, because while Trump might have appointed some political hack or pathetic lickspittle to that post, Maguire has a long and distinguished career in the military and the government.
There are, without question, legitimate questions one can raise about some of the decisions Maguire made as he handled the extraordinary whistleblower complaint about Trump’s effort to get the government of Ukraine to dig up dirt on a potential 2020 opponent. But the picture that emerged from Maguire’s testimony was of a person of integrity who found himself at sea in a government where in every direction he turned, he confronted institutions Trump had corrupted.

As Maguire testified, when he received the whistleblower’s complaint from the inspector general of the intelligence community, it was like nothing he or anyone else had ever seen — “unprecedented,” as he said multiple times. One of the first questions he confronted was whether the conversation between Trump and the Ukrainian president would be protected by executive privilege and thus shouldn’t be passed to Congress.

“Such calls are typically subject to executive privilege,” Maguire said. “As a result we consulted with the White House Counsel’s Office and were advised that much of the information of the complaint was in fact subject to executive privilege.”

In other words, Maguire’s first stop, upon receiving a breathtaking set of accusations about Trump and his White House, was … Donald Trump’s White House.

But it goes even deeper than that. I want to point to this portion of the whistleblower’s complaint:

White House officials told me that they were ‘directed’ by White House lawyers to remove the electronic transcript from the computer system in which such transcripts are typically stored [...] Instead, the transcript was loaded into a separate electronic system that is otherwise used to store and handle classified information of an especially sensitive nature. One White House official described this act as an abuse of this electronic system because the call did not contain anything remotely sensitive from a national security perspective.

This is an extraordinary allegation, that White House lawyers took steps to conceal Trump’s phone conversation from others in the government, going outside normal procedure to do so.

Upon seeing this complaint, Maguire felt that he had no choice but to find out if the president was going to invoke executive privilege. So to determine how to handle accusations against, among others, White House lawyers, he had to check with … White House lawyers.

Next, Maguire believed he had to determine whether, given the contents of the whistleblower complaint, the law did in fact require him to turn it over to Congress. Who would give him this answer? The Justice Department’s Office of Legal Counsel.

The Justice Department is, of course, run by Attorney General William P. Barr. Who is mentioned in the whistleblower complaint, and whom Trump told the Ukrainian president he should work with in the project to get dirt on Joe Biden. In addition to the OLC decision that Maguire shouldn’t pass the whistleblower complaint to Congress, the question of whether Trump had violated campaign finance laws by seeking something of value from a foreign source was referred to the Justice Department’s criminal division. They quickly said no.

Maguire was questioned about this sequence of events repeatedly by Democratic members of the committee. Here’s what he said at one point:

Only the White House can determine or waive executive privilege. There is no one else to go to. And as far as a second opinion, my only avenue of that was to go to the Department of Justice Office of Legal Counsel.

Again, there are reasons to criticize Maguire’s decisions. But it seems clear that he was operating in good faith, trying to follow procedures and the law at least insofar as he understood it. Yet everywhere he turned, he faced offices and people who were partners in Trump’s degradation of the system’s integrity. It appears that, without any intent to be corrupt, Maguire was swallowed by Trump’s corruption.

In the end, some combination of public pressure and Trump’s own hubristic foolishness in thinking he can get way with anything led to the public release of both a rough transcript of Trump’s phone call and the whistleblower complaint itself. The substance of those two documents is devastating.

Watching Maguire testify, one got the sense that he knows it and is trying to somehow emerge from his service with his integrity and reputation intact. Perhaps he should have known that, when you agree to work for Donald Trump, that’s going to be next to impossible.

We Watched The Whistleblower Hearing So You Don’t Have To: Here’s What We Learned Editors’ Blog – Talking Points Memo / by Nicole Lafond 

We Watched The Whistleblower Hearing So You Don’t Have To: Here’s What We Learned


Editors’ Blog – Talking Points Memo / by Nicole Lafond / 56min



On top of joking that he wouldn’t have taken the job as acting director of national intelligence had he known ahead of time what he’d have to deal with, Joseph Maguire revealed a bit of news during his testimony before the House Intelligence Committee on Thursday.

There are still plenty of lingering questions about the whistleblower complaint and how the White House went about concealing the complaint and other records of Trump’s call with the Ukrainian president — but here’s what we learned from Maguire’s congressional appearance:

Maguire’s first move: Upon first receiving the complaint, the acting DNI’s first move was to take the matter to the White House for advice, a decision heavily criticized by panel Chair Adam Schiff (D-CA). During that initial discussion about the complaint, White House officials told him the complaint was subject to executive privilege and couldn’t be shared with Congress. Maguire said he was able to hand it over after the White House released a memo on the call between Trump and the Ukrainian president.

Acting DNI acknowledges his actions were unprecedented: During an exchange with Rep. Andre Carson (D-IN) Maguire admitted this was the first time a whistleblower complaint had been withheld from Congress, adding that his own action, to bring it to the White House before the Justice Department, “might be” unprecedented as well.

Intelligence community inspector general thinks he can’t probe Trump: Michael Atkinson, the intelligence community inspector general who initially made Congress aware of the complaint, apparently believes he does not have the jurisdiction to investigate President Trump. Schiff revealed on Thursday that Atkinson told the committee that he determined he could not investigate Trump due to the Justice Department Office of Legal Counsel opinion, which concluded that the President is not part of the intelligence community, and therefore not under Atkinson’s jurisdiction.

Since the explosive hearing ended early Thursday afternoon, we’ve also learned that President Trump told a private group gathered  in New York that the source for the whistleblower’s complaint was akin to a “spy,” and he suggested that that person should be executed. The New York Times reported later Thursday afternoon on the identity of the whistleblower: a CIA officer who was previously detailed to the White House.

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Wednesday, September 25, 2019

The Conscience of Bret Stephens The New Republic / by David Klion

The Conscience of Bret Stephens


The New Republic / by David Klion / 21h

There is a type of conservative who constantly clamors for war, who believes corporations and the men who run them are benevolent, who equates the cause of freedom with Western domination over the wretched of the earth, and whose every word and gesture is meant to perform a kind of late Victorian chauvinistic masculinity. This sort of conservative, while increasingly out of step with the vulgar populism of Donald Trump’s Republican Party, continues to enjoy pride of place in this country’s elite institutions. And there is no better example than our era’s most infamous bedbug: New York Times columnist Bret Stephens.


Stephens, of course, is not actually a bedbug, even though he was called one on Twitter by a once-obscure professor named David Karpf. Quite the opposite: Stephens holds one of the most influential and least accountable jobs in media—a position he’s so far used to dissemble about climate change, to defend Woody Allen’s character, to repeatedly misrepresent the outcome of last year’s midterms, to push for war against Iran, and to compare Karpf to Joseph Goebbels after failing to get him fired over his bedbug tweet.

That last incident, in which Stephens smuggled a petty subtweet into the paper of record in a column ostensibly commemorating the 80th anniversary of the Nazi invasion of Poland, marked an embarrassing low point in the tenure of James Bennet, the Times’s opinion editor. Two years ago, Bennet brought Stephens on from the editorial page of The Wall Street Journal, one of the last bastions of Laffer curve–loving, poor-shaming conservatism in the journalistic mainstream. As his profile rose, I started to wonder: Where, exactly, did Stephens come from? Who made him like this? What is the root of the haughty aristocratic conservatism the Times chooses to foist on its liberal readership twice a week?

As it turns out, Stephens’s background contains more than a few tantalizing clues. It’s an international epic, filled with sex and violence (you’ll see). It’s the story of a fascinating and unlikely family buffeted by wars and revolutions and avant-garde artistic movements—all of which somehow culminates in the matriculation of a privileged son to the elite ranks of opinion-making.

A few months ago, Stephens wrote that “ordinary” Americans are bothered by people who speak Spanish. Unsurprisingly, this set off an angry Twitter mob, to which Stephens responded by tweeting, “Fwiw, my late father was from Mexico. My mother was a refugee. I grew up in the D.F. [Distrito Federal, a common shorthand for Mexico City] I speak Spanish [...]” While none of that explains why Stephens felt the need to ventriloquize “ordinary” Americans and invest them with xenophobic views, it’s nonetheless helpful context. To understand where Stephens is coming from, you have to know a little bit about Mexico.

In the 1930s, Mexico was in the midst of a political and cultural renaissance under the presidency of Lázaro Cárdenas, who enacted a suite of policies based on the radical ideals of the Mexican Revolution—redistributing land, advancing the rights of women and indigenous peoples, and nationalizing the oil industry. (This latter move punctuated a long interval of conflict over control of the country’s petroleum reserves that had forced a wealthy American oilman and Catholic counter-revolutionary out of Mexico in 1921; many years later, that oilman’s son, William F. Buckley, Jr., would become an inspiration to Bret Stephens.) This was also the heyday of the great socialist realist muralists Diego Rivera, José Clemente Orozco, and David Siqueiros, who had been pioneering a new post-revolutionary aesthetic for the Mexican state since the 1920s. It was Rivera who would persuade Cárdenas to offer Leon Trotsky asylum in Mexico City. Trotsky, in turn, would carry on an affair with Rivera’s wife, Frida Kahlo, before he was murdered by Stalinists in his own home in the bohemian neighborhood of Coyoacán in 1940. 

This was the social world of Stephens’s paternal grandparents, both of whom grew up in New York and settled in Mexico City in the Cárdenas years, albeit for very different reasons. Bret’s (for clarity’s sake, I will refer to him by his first name from now on) grandmother was one of the many under-appreciated women artists of the 20th century. 

There was no way Stephens’s grandfather was going to wait out World War II with a bunch of artists in Tlacopac. 

Annette Nancarrow, née Margolis, grew up in a comfortable Manhattan family. Her father ran a business, dabbled in theater, and socialized with intellectual luminaries like Sinclair Lewis, John Dos Passos, Theodore Dreiser, H.L. Mencken, and Nation editor Oswald Garrison Villard. She attended Hunter College, where she showed early promise as a painter, along with a knack for flouting social conventions. She went on to earn an MFA at Columbia, and her fascination with the leading Mexican muralists of the era led to a family trip to Mexico City in 1935. It was there that the 28-year-old Annette, who had been raising a daughter with a white-shoe lawyer on Riverside Drive, met Louis Earle Stephens. 

Stephens, born Louis Ehrlich in Kishinev (then tsarist Russia, now Moldova) in 1901, fled with his family in the wake of an especially vicious pogrom. In New York, where he adopted the surname of the Irish poet James Stephens, he worked in the Brooklyn Navy Yard and found success in the textile industry. Eventually he made his way to Mexico City, where he founded a chemical company called General Products and built his fortune. In 1935, connected by a mutual acquaintance, he showed Annette and her husband around his adopted hometown. Annette was smitten, both with Mexico and with Louis. Annette soon arranged a return visit to Mexico, “to test our physical compatibility,” as she later put it in a letter to a German academic in 1991. Upon arrival in the port of Veracruz, she and her sister were attacked by—I swear I’m not making this up—bedbugs (at least, according to one colorful online biography).

“Katy” and “Stevie,” as Annette and Louis called each other, had an intensely passionate affair. “My life with Stevie was very exciting,” Annette later wrote. “We had an ardent relationship; he exceeded my wildest dreams as his inexhaustible energy and variations on the mating theme.” Before long, Annette had divorced her husband—not so easy in the 1930s, and at the cost of being separated from her daughter—and settled in Mexico City, where she and Louis enjoyed what sound like some extremely fun years. They raised two sons, Charles and Luis, painted, designed jewelry, played jai alai, and attended bullfights. They socialized with Rivera (who painted a muscular Louis shirtless) and Kahlo (a devoted fan of Annette’s art, which shows the clear influence of Picasso, Gauguin, and the Mexican muralists) and Trotsky (albeit only briefly). They entertained these and other notable guests at their magnificent home in Tlacopac, which is now an international artist residency. Annette would later recall dressing up in traditional Mexican costumes and hats with Rivera and Kahlo and “hamming it up.”

But their bliss was not to last. After Pearl Harbor, 41-year-old Louis insisted on returning to Brooklyn to enlist in the U.S. Navy and left an enraged Annette in Mexico City with the kids. Louis was a patriot, an avowed fan of Winston Churchill, and a conservative to his core, and there was no way he was going to wait out World War II with a bunch of artists in Tlacopac. 

A few months after Louis shipped out to fight the Japanese, Annette struck up an affair with Conlon Nancarrow, a brilliant Arkansas-born composer, marijuana enthusiast, socialist, and recovering Stalinist who had volunteered in the Spanish Civil War and was later exiled to Mexico, where his work would only become well known many decades later. Annette’s marriage with Louis fell apart after the war, and she ended up wedding Nancarrow and taking his surname. Although she would have one more husband after that, Annette Nancarrow remains the name by which she is best known. The rest of her life—in which she received an award for one of her murals from the president of Mexico, mingled with celebrity refugees from McCarthyist Hollywood in Acapulco, and eventually split her final years between Mexico City and New York—is well worth reading about. Annette represents one set of values her grandson might have embraced.

So to summarize: Bret Stephens’s grandfather—a captain of industry, a Navy man, a staunch conservative—was cuckolded by a leftist composer while he was off fighting in the Pacific. It’s tempting to get Freudian about the origin of Bret’s politics, and that’s a temptation I ought to avoid, except, well, Bret himself said the following, in his 2011 eulogy for his father Charles: 

He was literally born into the ideological feuds of the 20th century. My grandmother Annette was an acquaintance of Leon Trotsky, a friend of Anais Nin and Diego Rivera. Her third husband was the communist composer Conlon Nancarrow. My grandfather Stevie worshipped Winston Churchill, believed in free enterprise and a strong defense, hated communism. My grandparents divorced when my father was eight, and you could say my father wasn’t neutral between his parents’ points of view.


You could indeed say that. Charles, born in 1937 in Mexico but raised in Los Angeles after his parents’ divorce, was, at least to hear Bret tell it, “a real macho man” and a classic Cold Warrior. He visited the USSR in the 1950s intending to pass out copies of George Orwell’s 1984 (he did not end up going through with this plan). In 1970, Charles organized the Youth Committee for Peace With Freedom and led 100 young people to Washington to demand the Nixon administration continue to bomb Southeast Asia. Again, to quote Bret from his eulogy:

In the late 1960s [Charles] became one of the very few people to actually protest in favor of the Vietnam War. Now that took self-confidence. As a graduate student at UCLA he got the Students for a Democratic Society kicked out after they tore down some of his posters depicting Vietcong atrocities.


 
(Just as a side note here, leftists have apparently been fighting with the Stephens men over free speech on college campuses for half a century. But I digress.)

He met Richard Nixon in the Oval Office and advised him to mine Haiphong Harbor and resume the bombing of North Vietnam—which in fact is exactly what Nixon wound up doing. He campaigned for Congress in 1974 on a platform opposing the decriminalization of pot and supporting the government of South Vietnam.


 
As this panegyric suggests, Charles’s political career in the United States was dead on arrival. Soon enough he returned to Mexico City, along with his wife Xenia and their newborn son Bret, to help his brother run the chemical company they inherited. (Xenia, I’ll pause to note, was born in Italy in 1940 to a refugee who had fled from the Bolsheviks in Moscow and from Hitler in Berlin; she survived a childhood under Mussolini before emigrating to the U.S. at age 10, and her experience recently moved Bret to stand up for refugees against the Trump administration’s draconian policies, which is entirely to his credit.) 

“To this day,”Stephens has said, “every column I write is written with my dad’s voice sounding in my ears.” 

While managing General Products, Charles also developed a side gig penning fiery anti-communist op-eds for the English-language newspaper there. (At least one of these broadsides was reprinted in Human Events, Ronald Reagan’s favorite publication, which supported apartheid in South Africa and also published such luminaries as Ann Coulter, Pat Buchanan, and Newt Gingrich.) Stephens credits his father with inspiring his own career in journalism. “That’s how I learned what an editorial page was; that’s how I learned how to turn a phrase; that’s how I learned to place a political argument in a historical context and a philosophical frame,” he said of his father’s newspaper days, adding, “To this day, every column I write is written with my dad’s voice sounding in my ears.” 

Bret waves away his father’s inherited privilege. “I sometimes suspect that some people who knew my father only superficially thought that his entire life came down to good luck: First-born son, born to a wealthy father, naturally good looking, that kind of thing,” Bret said of Charles. But, he added, “The truth of my father’s life is that the good things that happened to him happened mainly on account of the choices he made. The wealth he leaves behind isn’t the wealth he inherited ... My dad made his own luck.” Not to begrudge anyone a bit of hyperbole in the context of mourning a parent, but this is the sort of phony rugged individualist myth one embraces when, for instance, trying to defend the Trump tax cutwhile complaining that it “barely cuts the top income-tax rate.” 

Conservative pundit tropes weren’t the only thing young Bret absorbed while growing up in Mexico City. Speaking at an interfaith conference in Jerusalem in 2003, Bret recalled being raised by secular Jewish parents and receiving no religious education or Bar Mitzvah, but nonetheless confronting “a hostile environment for Jews.” This, at least, was how Bret justified what to me reads as contempt for the vast majority of Mexicans. According toIsrael Insider, “Stephens saw Catholicism as practised in Mexico with its heavy pagan influences as ‘primitive.’” He changed his mind when he left Mexico for university and met American Christians.     

“It was a revelation to me that you could be a sincere Christian and not be a peasant,” he said. According to Israel Insider, “As he became more committed to Israel, it was hard not to notice [...] that it was Christian conservatives who were amongst the most supportive of Israel.” 

In other words, Bret came around on Christians after he met some who were white (and pro-Israel). But while Bret’s views on Christianity may have evolved, his subsequent publicly expressed opinions of Arabs and Muslims seem to echo his earlier attitude toward the “primitive” Mexican “peasants.” 

Bret spent most of the first 14 years of his life in Mexico, but then attended an elite boarding school in Massachusetts, followed by the University of Chicago. He initially hoped to major in anthropology (he wanted to be Indiana Jones) but found his first course in the discipline “kind of grim and political and tedious.” He therefore opted for political philosophy, which allowed him to stay comfortably within the Western canon under the mentorship of the neoconservative scholar Leon Kass, who would eventually become known for advising George W. Bush to ban stem-cell research. 

Although Bret would later claim that “what I really wanted to do was go to officer candidate school and be a Naval officer” as his grandfather had, it turned out that he had high blood pressure. So instead, immediately following graduation, Bret went to work at Commentary before earning an M.A. from the London School of Economics. He then joined The Wall Street Journal as an op-ed editor at 25, moved to Brussels to cover the European Union, and was appointed editor-in-chief of the Jerusalem Post at 28, just months after the 9/11 attacks. “One of the reasons I left The Wall Street Journal for the Post was because I felt the Western media was getting the story wrong,” Bret later told the UJA-Federation of Greater Toronto. “I do not think Israel is the aggressor here. Insofar as getting the story right helps Israel, I guess you could say I’m trying to help Israel.” While in Jerusalem, he enthusiastically championed the Bush administration’s war on terror and the invasion of Iraq, and in 2003 he named Paul Wolfowitz the Post’s Man of the Year

In 2004 Bret returned to the Journal, where he was eventually promoted to deputy editorial page editor, and where he won the Pulitzer Prize for commentary in 2013, the same year he wrote a column comparing Palestinians to mosquitos. In 2017, newly appointed New York Times opinion editor James Bennet made Bret—by this point among the most prominent of the small handful of “Never Trump” conservatives—his first hire. And you know the rest. 

In 2016, The New York Times listed Mexico City as its #1 travel destination in the world, dubbing it “a metropolis that has it all.” It was an overdue choice; Mexico’s capital, which had long been written off by a certain kind of tourist as polluted, dangerous, and sprawling, is in fact one of the most sophisticated cities on earth for visual arts, historic architecture, and fine dining, and is finally being recognized as such in the U.S. Annette Nancarrow was way ahead of her time in this regard.

You can learn a lot in Mexico City. You can see the world’s largest collection of Meso-American art at the National Anthropology Museum; the excavated Aztec ruins of the Templo Mayor; the explicitly Marxist murals of Diego Rivera at the heart of the National Palace; the charming Casa Azul where Frida Kahlo lived, and the bullet-ridden home of Trotsky a few blocks away. You can see great wealth and great poverty, and you can meditate on why the latter always seems to accompany the former. You can attempt to reckon with a genocidal crime that began five centuries ago and never really ended. And if your family had a personal connection to the Mexican ruling class, you might feel it incumbent upon yourself to do so. 

Or you can learn different lessons. You can learn, for instance, that society should operate according to a rigid social caste system, in which business and artistic elites intermingle in lavish homes while dismissing and fearing the rabble outside the gates. You can learn to be from a place without really being of it, to take pride in the cachet of having lived there while spending your adult life in a series of very rarified, very white, and very gringo institutions. You can learn to identify instead with the Israelis as they dominate and colonize the land where their perceived inferiors have lived for centuries. Once you’ve absorbed all of that, a lifetime tenure at the most powerful op-ed page on earth awaits you.

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AOC and the Power of Party Norms by Matthew Green on The Mischiefs of Faction

AOC and the Power of Party Norms


    by Matthew Green
  • The Mischiefs of Faction



Congresswoman Alexandria Ocasio-Cortez (D-NY) has apparently changed her tactics. No longer is she a rabble-rousing newbie criticizing her colleagues and threatening them with primary challengers. Instead, the freshman lawmaker has become less confrontational and more willing to work with fellow Democrats in the House.
The recent New York Times article that makes this claim offers several examples of how Ocasio-Cortez has “learn[ed] to play by Washington’s rules.” She has backed away from earlier calls for liberals to mount primary challenges against other Democratic incumbents. She has endorsed the reelection campaigns of party leaders and more conservative freshmen Democrats. And her first chief of staff, who compared defecting Democrats to southern segregationists, was replaced with a less vocal and more seasoned aide.
Ocasio-Cortez has disavowed the story, accusing the paper of “dripping condescension.” But if the article is accurate, I think it highlights the important role of informal norms in shaping and enforcing party discipline in Congress. And by “discipline,” I don’t mean just voting unity—AOC votes with her party most of the time—but also avoiding the kind of public and private intraparty conflict that keeps a party and its members from achieving their key goals.
For example, political parties in Congress care a great deal about their reputation or “brand,” believing it is key to securing the support of voters. But when one party member publicly attacks others, it may damage that brand by fostering an image of disunity and disarray. Similarly, congressional staffers who are in the public eye more than their bosses create an impression that it is they, not members of the governing party, who are the real decision-makers on the Hill. And if a lawmaker actively recruits challengers to fellow incumbents, it costs those incumbents valuable resources to defend their seats, possibly endangering the party’s majority status.
This kind of behavior is not illegal, but it violates unwritten codes of congressional parties (as well as Congress in general). And party members will impose strong social and political sanctions on individual legislators who do it.
Take, for instance, the criticisms of other House Democrats by Ocasio-Cortez and her staff. They may be greeted enthusiastically by liberal party activists, but who in Congress would want to help a colleague who openly disparages them? What staffer would confide in a legislative aide who makes his private complaints public? Someone who does these things is not likely to have many allies in Congress, and since successful legislating requires coalition-building within (if not between) political parties, this can seriously weaken one’s ability to pass bills and amendments.
Threatening the reelection of fellow party members, even indirectly, may be met with even greater scorn. As Ocasio-Cortez told the New York Times, “In many ways, I feel like I walk around with a scarlet letter because many members who just have any primary, whether I know about it or not, tend to project that onto me.”
Party leaders as well as the rank-and-file can make life difficult for a lawmaker who doesn’t follow norms. Pelosi repeatedly indicated her displeasure with Ocasio-Cortez, and given the influence of speaker over committee assignments and the legislative agenda (and Pelosi’s reputation for punishing disloyalty), this boded poorly for the freshman legislator’s long-term chances of success within the chamber.
Norms contribute to congressional party discipline and unity in other ways too. As Briana Bee and I have noted, if there is an established and widely-followed norm of voting with one’s party, leaders will not need to resort to threats or bargaining to enforce compliance on every roll call. Majority Leader Steny Hoyer (D-MD) once said that he sought to achieve a “psychology of consensus” in the Democratic Caucus so that its members would “want to be with the team.”
A few political scientists have recently written about norms as a major element of contemporary congressional politics. Brian Alexander, for example, discussed how norms restrain legislators from acts of disobedience in Congress. Looking beyond Congress, Julia Azari (a fellow Mischiefs of Faction writer) and Jennifer Smith (a former graduate student colleague who tragically passed away last year) wrote an insightful 2012 article about the role of norms in political institutions. Ocasio-Cortez’s experience underscores the wisdom of studying how norms shape political behavior within institutions—especially within congressional parties.

We Will See Whether Biden is Up to This Challenge Editors’ Blog – Talking Points Memo / by Josh Marshall 

We Will See Whether Biden is Up to This Challenge


Editors’ Blog – Talking Points Memo / by Josh Marshall / 2h



I’ve wanted to focus on the substance of President Trump’s extortion scheme with Ukraine. But the attempt inevitably impacts the Democratic primary campaign. There’s a lot of chatter to the effect that President Trump has already succeeded in making the story about Biden and baseless claims of alleged wrongdoing rather than Trump’s criminal behavior. That’s not quite how I see it, though there are many news organizations doing a lot to make that possible. I think you can read the drift of public opinion from the rapid movement of Democratic representatives in the direction of impeachment.

This is more an opportunity for Biden than a challenge. But only if he has the muscle and agility to rise to it.

As we’ve seen over the last week or so, we appear to clearly be in a two person race for the Democratic presidential nomination. And it’s a race where Warren appears to have all the momentum in her favor. Polls have come out in recent days showing her in the lead in Iowa and New Hampshire. Though I haven’t seen a very recent poll there, there’s every reason to believe Biden remains way up in South Carolina. So, with the caveat that much can change over the next few months, this sets up a scenario in which Warren wins Iowa and New Hampshire (where the demographics of the Democratic electorate are favorable for her) and then Biden makes a stand in South Carolina (where they are more favorable to him). Does he stop her in South Carolina or at least get back into the race? Or does the momentum of two rapid fire victories cripple his candidacy and put Warren on the path to the nomination?

President Trump has been caught more or less red-handed in a criminal abuse of power. That will play however it does on Capitol Hill and the electorate nationally. But this also gives Biden an opportunity to elevate himself into a one on one fight with Trump. Trump’s wrongdoing is directly aimed at the threat of Biden’s candidacy. That is a demonstrable measure of how Trump fears Biden. Biden can obviously play that in his favor. Biden can also shape that around his experience in foreign policy, which has always been his comfort zone more than domestic policy.

My point is that the whole scandal provides Biden with an excellent opportunity to grab hold of the campaign narrative, portray it as a fight between him and Trump and even stitch it together with the events of the Obama administration. The question in my mind is whether he has it in him to do that. His first comments last week were defensive and feeble. Pretty quickly he went on the offensive and made efforts at the kind of response I sketch out above.

Elizabeth Warren is running a very different kind of campaign. It is heavily policy-based, clearly reformist and focused on fundamental socio-economic change. Biden can’t, doesn’t want to and never will run that kind of campaign. But Trump’s crimes (directed at him and focused on Trump’s fear of Biden) gives him a clear opening (at a moment when he could really use an opening) to run the kind of campaign that works for him.

This is why I’ve never been terribly worried about whether Biden is up to the rigors of a presidential campaign, either because he’s never really been in a competitive election since the 1970s or because of his age. The primary campaign itself and how voters react to it will answer that question and there’s plenty of time to do so. This fast forwards that challenge. This story is both a threat and an opportunity. We will see pretty soon how and whether he rises to that challenge.

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Tuesday, September 24, 2019

Opposing Trump’s corrupt abuse of power is today’s form of patriotism by Michael Gerson


washingtonpost.com

Opinion | Opposing Trump’s corrupt abuse of power is today’s form of patriotism

By Michael Gerson
 

In the Trump era, a columnist risks appearing like the boy (or girl) who cried wolf. Time and time again, we say this scandal is the big one.
But in our ill-fated version of the story, the wolf comes every time. The violations of morality and law have become progressively bolder and more dangerous to the constitutional order. And they have culminated in an abuse of power both highly serious and totally unconcealed.
By his own admission, the president of the United States urged Ukrainian President Volodymyr Zelensky to open a criminal investigation of the son of a political rival. Trump denies that this request involved a quid pro quo. But with Ukraine engaged in conflict with Russian-backed separatists, and with $250 million in U.S. military aid being held up (at the time) for “review,” the threat did not need to be explicit to be palpable and powerful. A mob boss doesn’t need to issue threats personally to be feared and obeyed. And that is what the Trump presidency increasingly resembles — a criminal family sending out their slimy factotum (a part played enthusiastically by Rudolph W. Giuliani) to “fix” what needs fixing.
This groundbreaking form of political corruption shocked everyone with a conscience who was privy to it. U.S. Embassy staff in Kiev expressed alarm about Giuliani’s contacts with Ukrainian officials. A whistleblower in the intelligence community risked his or her career to report it. The intelligence community’s inspector general found the matter of “urgent concern.” But acting director of national intelligence Joseph Maguire and the Justice Department — playing the role of political enforcers — have blocked the transmission of the whistleblower’s report to Congress. They are pursuing a coverup in plain sight.
The Constitution assumes that the president will interact with foreign governments to seek the interests and express the values of the United States. With Trump, nothing decent can be assumed. By making corrupt personal requests of a foreign power, the president is not only misusing $250 million in leverage, he is misusing the presidency itself. His actions may constitute bribery, extortion and/or the violation of campaign-finance laws. But his breach of public trust is ultimately a more serious matter. Trump has violated his oath of office by using his office for selfish gain.
Here, we need to be clear. Treating the presidency in this fashion is not only corrupt but unpatriotic. Trump is not only a preening, prating fool; he has set his own interests above the interests of the nation. He has replaced love of country with a kind of self-love that dishonors the institution he leads.
And Trump may have lost the ability to distinguish between patriotism and egotism. He may regard his crass political needs as the definition of his nation’s good. In this case, he is both bent and delusional.
The U.S. criminal justice system was created to deal with normal types of political corruption, not with a rogue president, testing the limits of executive power. That form of warped ambition must be checked and balanced by the equal branches of government. But many members of Congress — mostly Republicans but also some Democrats — appear to have lost their taste for that role.
The political risk to elected Republicans when they oppose Trump appears very real — though it is hard to be sure when so few test the proposition. But the moral hazard is far greater. When they use their office to shield shady political dealings, they become a party to public corruption. When they ignore or excuse Trump’s use of the nation’s power and influence for private reasons, they have chosen Trump above their country and deserve to be defeated. Every one of them. Worst of all, they are teaching their political supporters that the rule of law is a small and expendable thing.
In the scarier regions of the Trump right, the problem is far advanced. Every revelation of the president’s abuse of power is met with a sentence beginning: “But Biden . . .” Their tolerance for corruption seems limitless — and frightening. By what firm political principle would they condemn Trump if he closed down the New York Times (an “enemy of the people”) or arrested a few whistleblowers (part of the “deep state” that is conducting a “coup”)?
None of this seems possible. But too many impossibilities have recently become realities. Opposing Trump’s corrupt abuse of power — here, now, before it goes further — is the calling of patriotism in our time.
Read more from Michael Gerson’s archive, follow him on Twitter or subscribe to his updates on Facebook .
Read more:
Chris Whipple: Joseph Maguire should remember that he also answers to Congress
Jennifer Rubin: What the House should ask the director of national intelligence
Greg Sargent: As the whistleblower story gets worse for Trump, his corruption keeps spreading
Harry Litman: A whistleblower filed a complaint to the intelligence IG. Why is it being withheld from Congress?
The Post’s View: The Trump administration cannot withhold a whistleblower complaint from Congress
Max Boot: If Trump extorted a foreign leader for political gain, it’s impeachment time

Monday, September 23, 2019

Rectification of Names Editors’ Blog – Talking Points Memo / by Josh Marshall

Rectification of Names


Editors’ Blog – Talking Points Memo / by Josh Marshall / 1h


September 23, 2019 08:32 AM



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.

Let’s start with the “investigation.” The standard description is that President Trump’s personal lawyer Rudy Giuliani is pressing the government of Ukraine to launch an investigation of Joe Biden and his son Hunter Biden. This is a non-sequitur. As I noted last week, what’s being demanded isn’t an investigation. Trump and Giuliani are demanding that Ukraine that manufacturedamaging and false information about Joe Biden, either directly or via his son. This is likely directly through manufactured evidence or indirectly simply by standing up a bogus investigation.

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. The U.S., the EU and numerous international organizations agreed that the prosecutor in question should be dismissed. Biden was the U.S. point-man on the issue. Clearly it didn’t stem from his decision-making. The other claim is that the DNC framed Paul Manafort. This has already been the subject of the Special Counsel investigation and two Inspector General’s probes. More importantly, the government of Ukraine has repeatedly said there’s nothing to investigate.

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.

Now let’s talk about Rudy Giuliani, the President’s “personal lawyer.” Rudy Giuliani is clearly not the President’s personal lawyer. He had some involvement in the President’s defense in the Mueller investigation. But he is not the lawyer of record in any of the President’s numerous ongoing legal controversies in which he is litigating as private individual. Lawyers either defend or vindicate their clients’ legal interests in some definable legal process. Sometimes a lawyer will also advocate for their client in a broader court of public opinion. But no private lawyer speaks with the backing of the most powerful person in the world in private negotiations and threats with foreign governments.

Giuliani is acting as a private ambassador of Donald Trump, President of the United States. This is very useful since he can speak with the authority of and issue threats on behalf of the President of the United States, literally the most powerful man in the world, and conduct what amounts to personal diplomacy in the President’s interest without any of the legal restrictions over a public official.

He not only speaks with the President’s full power at his disposal, he also makes selective use of government diplomatic services. According to Giuliani, State Department officials helped him arrange meetings with Ukrainian officials. So Giuliani works entirely in the President’s personal interest even though he speaks with the full authority of the President’s official power. It’s a great system. He has none of the responsibilities of a government official, none of the susceptibility to oversight. And he claims the additional protection of attorney-client privilege. There’s a good argument that these non-legal services and probable criminal conduct aren’t really covered by such a privilege. But that hardly matters since extensive fact-finding and litigation would be required to test that proposition.

Giuliani can be refreshingly frank about his unique status. “Some government lawyer would be nervous to do what I do. I’m a private lawyer, I represent my client, and I’m going to prove it to you that he’s innocent.” Of course this is nonsense because there’s no legal jeopardy he’s protecting his client from and any notional wrongdoing by the son of a former Vice President has no connection with him outside the context of a future political campaign.

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 countries where 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.

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Saturday, September 21, 2019

The Case Against the Popular Vote The New Republic / by Matt Ford

The Case Against the Popular Vote


The New Republic / by Matt Ford / 16h

Two hundred years ago, the Founding Fathers made a mistake. They decided that the president of the United States should be elected by a popular vote held among the entire country’s citizens. The results of this flawed system speak for themselves. Under the popular vote, Americans have endured two centuries of elections where the presidential candidate who receives the most votes is also the winner.


This is simply too much democracy. Time and time again, the American people have shown that they can’t be trusted to choose the leader of the free world with such a simplistic electoral method. Then again, Americans would most likely overthrow a system in which they never got to choose their leaders. The only viable alternative is one where the majority only gets to choose its leaders some of the time. In other words, we need an electoral college.

Here’s how it would work: Each state would get a certain number of electors equal to their seats in the House plus their seats in the Senate. That would give each state a minimum of three electoral votes and roughly 535 votes altogether. The District of Columbia would also somehow have three electors, bringing the total to 538 electoral votes. These electors would then gather in Washington one month before inauguration day to vote for the president and vice president. Whoever receives a simple majority of 270 votes would win. This wouldn’t be quite as radical as it sounds. Similar mechanisms exist in other thriving democracies, like the Vatican and the Holy Roman Empire.

Who would choose these electors? State legislatures could decide whether to let the people elect the electors, thereby preserving an element of the old popular-vote system. Or they could save their citizens the time and money of holding a presidential election and simply choose the electors themselves. Leaving both options on the table seems like a good idea. If no candidate receives 270 votes, either because of a 269-269 tie or because the electoral vote fractured across three or more candidates, the House of Representatives will elect the president and the Senate will elect the vice president. This creates the possibility that the elected president and vice president could be political foes, which would be productive.

Such a system would have multiple benefits for our political system. First, it would treat Americans differently according to where they live. The popular vote currently gives every citizen—Californians and Texans, Hawaiians and Mainers, Alabamans and Oregonians—an equal say in choosing the president. An electoral college would solve this problem by giving Americans in some states more influence than Americans in other states. Those benefits would largely be felt by smaller rural states, whose residents deserve to wield disproportionate levels of influence in our political system.

The numbers speak for themselves. Had the country used an electoral college in the 2016 election, an elector from California would have represented roughly 712,000 people, while an elector from Wyoming would have represented just 195,000 people. That imbalance might seem unfair to some political observers, particularly among Democrats and liberals. But they are hardly unbiased in this matter. After all, they have a vested interest in defending an electoral system that would favor their preferred outcomes, and I do not.

Creating an electoral college would also reduce the political influence of Americans who live in territories like Guam and Puerto Rico. Under the popular vote, they would enjoy an equal say in choosing their president. But because electors are divvied up among states, they would lose that status under the electoral college. Maybe this is for the best. As one National Reviewcontributor pointed out when arguing against Puerto Rico’s statehood earlier this year, the island’s three million American citizens largely speak Spanish and live under a mismanaged government. Why should their votes count equally alongside those cast in corruption-free, fiscally sound states like Illinois and Kansas?

The electoral college would simplify presidential elections in other ways, too. It’s possible that some states would choose to allocate their electors in a proportional fashion. Modern political polarization makes it more likely that they’ll adopt a winner-take-all system instead, where candidates can capture a state’s entire slate of electors with a mere plurality of the vote. Critics somehow see this as a downside. They argue that it would disenfranchise large swaths of Americans across the country—conservatives in bright-blue California and New York, liberals in ruby-red Alabama and Utah, and those who don’t quite fit in to either camp.

On the contrary, it would only effectivelydisenfranchise them. Those voters could still cast ballots for president; they just wouldn’t matter most of the time. And there are benefits to shrinking the electorate as well. Candidates won’t have to waste time traveling across the country and trying to appeal to as many voters as possible. Instead, they could win just by focusing on small pockets of them. Most presidential elections would likely end up focusing on a handful of “battleground” states where either of the two major-party candidates might prevail. So instead of forcing the entire country to fully participate in the democratic process, the electoral college would relegate most of that burden to just part of it.

Under the popular vote, whoever receives the most votes will always win. The electoral college would finally end this tyranny of the majority by ensuring that candidates who come in second will occasionally become president. A study published this week by three University of Texas researchers used historical election data to measure how often the electoral college would elect someone who didn’t win the most votes. They found that in races where the candidates are separated by just two percentage points, there’s a 30 percent chance of an “inversion” where the popular vote winner and the electoral vote winner are two different people. The odds of an inversion only increase as the hypothetical margin narrows.

What’s more, the researchers also found an imbalance in who would benefit from those inversions. They estimate that Republicans would win the presidency in 65 percent of cases where they narrowly lose the popular vote. Democrats will likely fearmonger about this projected result by saying that it enshrines an illiberal structural bias in the American political system, and that it could destabilize public confidence in the democratic process. But it’s an acceptable outcome to me, a neutral observer who has absolutely no larger interest in which party wins presidential elections.

After all, one of the virtues of my proposal is that it would restrain “mob rule.” I borrowed those terms from a handful of early American leaders who opposed the popular vote when it was approved at the Constitutional Convention. Is this an anti-democratic straw man? Absolutely not. After all, the United States is a republic, not a democracy, which are two mutually exclusive things. An electoral college would help prevent the presidency from being wielded by those who would use it to impose tyrannical measures like universal background checks for firearms. Instead, it would ensure that governance occasionally falls to sober, responsible leaders who can enact moderate policies like breaking up migrant families at the border and jailing their children.

Sadly, while the case for an electoral college is clear, the path to breaking the shackles of the popular vote is not. Changing the system would require getting a constitutional amendment through both chambers of Congress, and then it would need the assent of three-fifths of the state legislatures. That shouldn’t deter reformers who want to ensure they’ll get access to political power from time to time. After all, the alternative is letting the people elect whoever they want as president forever. It’s hard to imagine anything less American than that.

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As whistleblower scandal deepens, Trump bets on the coverup working, by Greg Sargent

September 20, 2019 at 11:54 p.m. GMT+9

President Trump and his minions went to great lengths in 2016 to coordinate with a foreign power’s interference in our election on his behalf. Then Trump engaged in extensive corruption and lawlessness to try to prevent it from coming to light.

While Trump did suffer serious political damage in the process, he basically got away with all of it, thanks to Justice Department regulations that protect a president from indictment, and to extensive help from a handpicked attorney general who subscribes to a theory of presidential power that in effect places presidents above the law.

So why wouldn’t Trump try something very similar a second time around?

The emerging contours of this story contain eerie echoes of what we’ve already been through.

The Post reports that the whistleblower’s complaint — which top officials are refusing to forward to Congress, in apparent violation of the law — involves a “promise” Trump made to a foreign official, and apparently concerns Ukraine.

Given that Trump and his lawyer Rudy Giuliani have already gone to great lengths to pressure Ukraine to launch an investigation that would damage Joe Biden, the most likely general-election opponent of Trump, speculation has naturally centered on the idea that the whistleblower complaint might concern this effort.

Giuliani appeared on CNN on Thursday night, where he denied that he is pressuring Ukraine to do this, before reversing and confirming as much. He then made the strange decision to vaguely suggest on Twitter that if Trump did this, there would be nothing wrong with it.

That’s morbidly amusing. But here’s the darker side to all of it.

Trump just lashed out on Twitter against Rep. Adam Schiff, ridiculing him for trying to determine the facts of the whistleblower’s complaint, and scoffing at the idea that there was anything wrong with his conversation with the foreign leader.

In so doing, Trump brashly flaunted his ability to act with total impunity. That’s because the effort by Trump’s Justice Department and Director of National Intelligence to keep the whistleblower’s complaint buried makes it impossible for Congress to actually evaluate whether there was anything wrong with the conversation or not.

Convenient, isn’t it?

Trump is openly advertising his contempt for the very notion that Congress might want to carry out its role in holding the executive accountable — secure in the knowledge that his top officials will corruptly keep all the facts of the situation away from Congress, making actual evaluation of his conduct impossible. In sum, Trump is basically giving our political system the middle finger.

The Ukrainian connection

The reporting is vague on how this matter involves Ukraine. But we already know three House committees are investigating what appear to be extensive efforts by Trump and Giuliani to pressure the Ukrainian government into launching investigations designed to dig up dirt on Biden.

The ostensible reason for those efforts is a complicated allegation that Biden improperly pressured Ukraine to fire a prosecutor who was looking into a company on whose board Biden’s son sat.

This is a pile of nonsense — see this takedown from Salvador Rizzo. In fact, there were extensive efforts by many parties to oust the prosecutor for other reasons, and the current prosecutor has said neither Biden did anything wrong.

But Trump did talk to Ukrainian president in July. And Trump held up $250 million in military aid to Ukraine, even though the Pentagon recommended lifting the hold, as CNN reported.

As Viola Gienger put it in a must-read explainer: “With the drama over assistance to Ukraine unfolding alongside Trump’s and Giuliani’s months-long drumbeat for an investigation into Biden’s role there, the clear impression is that the United States is extorting a partner country for political gain.”

Giuliani helpfully tweeted this:

A President telling a Pres-elect of a well known corrupt country he better investigate corruption that affects US is doing his job. Maybe if Obama did that the Biden Family wouldn’t have bilked millions from Ukraine and billions from China; being covered up by a Corrupt Media.

— Rudy Giuliani (@RudyGiuliani) September 20, 2019


Trump, of course, denies there was anything wrong with the call. Perhaps we’ll soon learn that there’s nothing untoward going on here.

Oh wait, perhaps we won’t. Because Trump administration officials are not letting Congress learn the complaint’s details.

Inspector general pushes back

As of now, acting Director of National Intelligence Joseph Maguire is still refusing to forward the whistleblower’s complaint to the congressional intelligence committees, even though the inspector general deemed it an “urgent concern” and “credible,” triggering a statutory requirement that he do so.

The Justice Department has advised Maguire not to follow this directive, asserting that the matter falls outside the parameters of the statute, because the subject of the complaint supposedly doesn’t concern activity within the DNI’s purview.

But the inspector general, Michael Atkinson, has now sharply disputed this, claiming that the complaint “relates to one of the most significant and important of the DNI’s responsibilities to the American people."

We’re also learning that the Justice Department — run by that same handpicked attorney general, William Barr — has given details of the whistleblower complaint to the White House, so lawyers can decide whether to exert executive privilege to keep it from Congress.

If that sounds familiar, it’s because the White House has exerted presidential prerogative to an extraordinary degree to prevent Congress from talking to witnesses to some of Trump’s worst corruption and wrongdoing, as documented in the special counsel’s report.

Schiff has talked about going to court. But there’s a provision in the statute that suggests such DNI actions might not be subject to judicial review at all.

We don’t know that an effort to get Ukraine to dig dirt on Biden is the subject of the whistleblower complaint. But we do have clear indications that Trump and Giuliani are, in fact, trying to get Ukraine to do this.

And that’s the through line here: Just as Trump and his advisers went to great lengths to benefit from a foreign power’s interference in our election and got away with it, it’s perfectly plausible that Trump is trying to do the same thing again.

Worse, if this is the subject of the whistleblower complaint, Congress may never learn about it — because Trump may be able to count on his top law enforcement officials to keep it buried. And Trump is rubbing our faces in all of it.

Ukraine, if you’re listening . . .: How Trump tries to quell controversies by saying the quiet part out loud





Ukraine, if you’re listening . . .: How Trump tries to quell controversies by saying the quiet part out loud
The Debrief: An occasional series offering a reporter’s insights

“Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing,” Trump said in July of that year, referring to the trove of messages that Clinton deleted from a private email server. “I think you will probably be rewarded mightily by our press.” 

Then-candidate Donald Trump at a July 2016 news conference in Doral, Fla., at which he called on Russia to hack Hillary Clinton’s emails. (Gustavo Caballero/Getty Images)
 So yes, if Ukraine happened to be listening Friday, the president’s desired outcome could not have been more clear. 

For Trump, controversial public disclosures have became almost routine, with the president saying the potentially scandalous part aloud. It is a form of shamelessness worn as a badge of protection — on the implicit theory that the president’s alleged offenses can’t be that serious if he commits them in full public view. 

Less than a year after Trump’s public encouragement of Russia to meddle in the 2016 presidential election, special counsel Robert S. Mueller III and a host of congressional committees would devote months to investigating that very question — whether the president or his campaign had conspired with Russia and, later, whether Trump had tried to obstruct justice.

President Trump and first lady Melania Trump meet with Australian Prime Minister Scott Morrison at the White House on Friday. (Jabin Botsford/The Washington Post)
Yet Trump’s penchant for reading the stage directions almost seems to inoculate him from the kind of political damage that would devastate other politicians.

In the current controversy, The Washington Post first reported Wednesday that a whistleblower complaint that has spurred a showdown between the intelligence community and Congress involved a “promise” made by Trump to a foreign leader, now believed to be Ukrainian President Volodymyr Zelensky. In response on Thursday, Trump tweeted a two-part defense in which he claimed that because he knows calls with foreign leaders are closely monitored, no one should be “dumb enough to believe that I would say something inappropriate with a foreign leader while on such a potentially ‘heavily populated’ call.”

Nick Akerman, a former Watergate prosecutor, said Trump manages to “worm out of things” by making his bad behavior so blatant. 

“I think the normal reaction for a lot of people is that something that someone does in public, it takes away the idea that it’s nefarious,” Akerman said. “They think, ‘Would he really be doing it in public if there was something wrong with it?’ ”

But Akerman added that when Trump takes actions such as asking Russia to hack Clinton’s emails or publicly pressuring Paul Manafort, his former campaign chairman, not to cooperate with prosecutors, his intent is the same — whether he acts publicly or behind closed doors.

“What he’s been saying in public is the kind of thing I used to prosecute people for doing in private,” Akerman said.

Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, said Trump’s confounding public behavior — for example, she said, “he says stuff in tweets that seems blatantly illegal” — allows for two competing theories. 

“Are we giving him too much credit and he’s just so undisciplined that he can’t help but say and tweet these things?” she asked. “Or is he so diabolical that putting it out there is like a jujitsu move?”

The president has a long history of broadcasting his questionable actions and intentions to the general public. In May 2017, just two days after he fired FBI Director James B. Comey, Trump gave an interview with NBC News’s Lester Holt in which he linked Comey’s dismissal to the ongoing Russia investigation. 

“And in fact, when I decided to just do it, I said to myself — I said, you know, this Russia thing with Trump and Russia is a made-up story,” the president said.

He also spent a signification portion of his presidency publicly hectoring Jeff Sessions, his former attorney general, to undo his recusal from the Russia investigation — a move that would have made it easier for Sessions to take control of the investigation and protect Trump. 

And in June — three months after Mueller submitted his 448-page report — Trump struck an unapologetic note, saying that the despite the nearly two-year investigation of Russian interference that clouded his presidency, he might still accept damaging information from a foreign adversary, such as Russia or China.

“I think you might want to listen. There’s nothing wrong with listening,” Trump told ABC News’s George Stephanopoulos. “If somebody called from a country, Norway — ‘We have information on your opponent’ — oh, I think I’d want to hear it.”

Brendan Nyhan, a professor of government at Dartmouth College, said Trump’s sheer brazenness makes him a difficult target for his critics and puts him outside the scope of previous leaders brought low by high crimes and misdemeanors. 

“There’s a striking contrast between Watergate, where secret tapes helped bring about the downfall of a president, and the Trump White House, where many of the statements that violate the norms of the presidency are made right out in public,” Nyhan said. “His opponents are routinely uncertain how to proceed, because they’ve never encountered a political opponent who so directly states what they mean even when it’s politically scandalous.”

In evaluating whether Trump’s actions constituted obstruction of justice, Mueller noted that “many of the President’s acts directed at witnesses, including discouragement of cooperation with the government and suggestions of possible future pardons, took place in public view.”

In his report, Mueller dubbed that reality “unusual.” Mueller ultimately decided to make no determination as to whether the president broke the law.

Now the president’s relationship with a foreign country is in the spotlight again, this time Ukraine. Even before the whistleblower complaint, House Democrats were investigating a July 25 call with Zelensky as part of their inquiry of whether Trump and his attorney, Rudolph W. Giuliani, tried to ma­nipu­la­te the Ukrainian government into helping his 2020 reelection bid. 

 Giuliani has long been trying to draw attention to Biden’s involvement, as vice president, in pressuring Ukraine to drop its top prosecutor, who was viewed as ineffective at ferreting out corruption but was also, at the time, investigating a natural-gas company on whose board Biden’s son Hunter sat. 

In a combative and disjointed interview with CNN’s Chris Cuomo on Thursday evening, Giuliani contradicted himself in rapid succession, first saying he had never asked Ukraine to investigate Biden, before shouting that he had, in fact, pushed for such an investigation.

“Of course I did!” Giuliani said. 

On Friday, Clinton tweeted out a clip of the interview, offering a stark rejoinder of her own.

“The president asked a foreign power to help him win an election,” she wrote. “Again.” 

Rosalind S. Helderman contributed to this report.