Women are not cars, explained

May 5th, 2018 10:05 am | By

Now Toby Young gets in on the act – hey all you lefty types think money should be more equitably shared so how come you don’t think the same thing about access to women, huh huh huh?

Robin Hanson, Alek Minassian, incel rebellion, Elliot Rodger, Chad and Stacy, blah blah.

Hanson wasn’t defending these two mass murderers, but querying why incels had been dismissed in the media as ‘self-pitying’ and ‘lonely weirdos’ in the aftermath of the Toronto attack, often by the same journalists and commentators who decry other forms of inequality. Why are terrorists who murder people in the name of redistributing wealth, like Che Guevara, lionised by the left, whereas terrorists whose aim is to draw attention to sex inequality are detested? A columnist on the Scottish Daily Record said Minassian was a ‘pathetic little boy who can’t get a girlfriend’. I don’t suppose the same journalist would describe the late socialist hero Jimmy Reid as a ‘pathetic little man who couldn’t afford a nice car’.

Sigh.

One can never tell – is he (whichever – Hanson, Douthat, Young) really that stupid or just pretending to be to wind us up? It’s right there in the words – girlfriend versus car. Now do you see what we’re getting at? A girlfriend is not like a car. How? A girlfriend is a person and a car is a thing. A girlfriend has thoughts and plans and ideas and feelings; a car has an engine and windows and wheels.

It works the same way with women on the one hand and money on the other. Women have minds; money does not.

Women are not things to be distributed. You’d think this would be too fucking obvious to say, yet they keep ignoring it, either genuinely or ad arguendo. Neither is acceptable.



She chafed at the assumptions

May 5th, 2018 9:02 am | By

The New York Times introduces us to a fascinatingly original and independent-minded couple in a large west coast city:

When Amanda Davidson, a 42-year-old Los Angeles-based artist and writer, welcomed her firstborn child in December — a boy named Felix — with her partner Isaac Schankler, 39, a composer, she chafed at the assumptions the medical staff members made about how the pair wanted to identify themselves as parents.

“‘Hi, Mommy! Where’s Daddy? Mommy needs to know this, but so does Daddy,’” she said with a big laugh. The binary clashed so much with how the couple sees themselves and exists in the world — she’s queer-identified, and her partner goes by pronouns they/their/them and uses the gender-neutral title Mx. — she refrained from calling herself anything vis-à-vis Felix for the first two weeks of his life.

Oh, my, that must have been awful. Couldn’t the medical staff members see at a glance how not Mommy and Daddy our eccentric pair are?

Isaac Schankler, left, and Amanda Davidson are among a wave of gender-nonconforming parents reconsidering the labels of “mommy” and “daddy.”

CreditChris Schell

So…that’s Isaac on the left in the suit and tie and short hair, and that’s Amanda on the right in a dress and long hair and lipstick…so…uh…how could medical staff possibly call them Daddy and Mommy respectively? Don’t they…uh…realize that Isaac and Amanda are queering all the things?

Naming is particularly important to the pair as a means of signaling their queerness, since they “pass” as a straight couple. “We don’t look visibly queer,” Ms. Davidson said, “So in some ways, our choice of names helps us affirm our identities.”

Ellen Kahn, the director of the Children, Youth & Families Program at the Human Rights Campaign, said the gender binary that underlies “mother” and “father” doesn’t jibe with some parents’ self-understanding and self-presentation: “For queer parents who don’t think of themselves as gender conforming, ‘mommy’ and ‘daddy’ may be a little discordant with the way they think about themselves.”

Which is what, exactly? More special than everyone else? More thoughtful and rebellious and quirky and interesting than all those stupid “binary” couples with their suits and dresses and short hair/long hair?

Katie Herzog at The Stranger finds the whole thing rather annoying.

Now, I will admit that my first reaction to this article was to roll my eyes back in my head and pull out my application to a lesbian seperatist commune in Taos, but then I remembered that it’s against the rules to question other peoples’ identities (unless that person is Rachel Dolezal) so I reigned in my annoyance.

But then I read it again, and I thought about some lesbian friends of mine back in North Carolina who just had a kid last year. Unlike Davidson and Schankler, who, I presume, used the body parts they were born with to make a kid, my friends had to go about it the old fashioned ways: turkey baster, with sperm purchased from a sperm bank.

That was the easy part.

The hard part was the adoption, which they had to do if they wanted both parents to have parental rights.

It’s a cumbersome, stressful, and expensive process, but many attorneys specializing in LGBTQ family law recommend it. And so, this married couple who conceived a child together had to get background checks, have home visits with social workers, get reference letters, sign affidavits attesting to how their child was conceived, and have meetings with the county clerk—all so that Heather, who literally has two mommies, could legally have two mommies.

Now, same-sex adoption laws vary by state, but in many places, it’s still an arduous, time-consuming process that no heterosexual couple who birthed a child together would have to engage in. And, in most countries, it’s not even an option. It’s also something that Davidson and Schankler would never have to deal with, because, regardless of their pronouns, they are still, in the eyes of the law (and, lets be real, society) a plain old heterosexual couple. While I’m sure it is painful for them to be seen as straight when they feel they are queer, every time the New York Times or New York mag or whoever else elevates couples like this, they ignore the very real trials and tribulations that actual same-sex couples go through in a legal system that isn’t equipped to handle us.

That plus there’s the whole thing of what looks like deliberately creating a kind of “oppressed” status for themselves so that they can hang with the cool kids who already have actual oppression. It looks, in short, like exactly what people mean by “appropriation,” in a strikingly obnoxious form. Davidson and Shankler “pass” as exactly what they are, so they claim to be “queer” in the most nebulous and indeed meaningless sense possible. Herzog sums up:

I realize that I’m not the LGBTQIAS (the “s” stands for “straight”) hall monitor, but while everyone and their abba has decided that queerness is more about haircuts and pronouns than who you bone, actual queer people are still second class citizens under the law. As of 2018, only 22 states have full protections preventing housing, employment, and public accommodation discrimination against gay, lesbian, bisexual, or transgender people. And yet, the Times devotes column inches to a “queer” couple whose big struggle was resolved by adopting the Hebrew word for dad. Just an idea, but perhaps the next time the paper of note writes about LGBTQ families, maybe they could actually talk to a few.

Won’t somebody please think of the queer straight people?



Free Sherif Gaber

May 5th, 2018 8:26 am | By

Maryam Namazie writes:

Egyptian Atheist and Youtube Vlogger Sherif Gaber has disappeared and is most likely arrested when trying to leave the country on Wednesday 2nd May. He sent a message to friends telling them he was stopped and taken to an interrogation room at Cairo airport and his passport confiscated. No one has heard from him since. The last message from Sherif on Wednesday 2nd May at 11:08 am Cairo time:

“I am suppose to be traveling to Malaysia at 12:05 Cairo Time, an hour from now. The police took me and made me wait in this room for 2 hours and I’m still waiting> they took my belongings and my passport. If I don’t update you in one hour know that I was arrested.”

We demand Gaber’s release. Atheism, Blasphemy, Apostasy are not crimes. #FreeSherifGaber
#AtheismNotACrime
#BlasphemyNotACrime
#ApostasyNotACrime

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Guest post: On punching up

May 4th, 2018 5:56 pm | By

Guest post by Bruce Everett

I’ve always had a lingering suspicion about the rule to “never punch down/only punch up”. What started out as a heuristic for comedians seems to be apt at morphing into a kind of social contagion along the lines of what Bertrand Russell wrote about in ‘The Superior Virtue of The Oppressed’.

Yes, people are oppressed to varying extents. No, that’s not good. Neither is taking advantage of people’s social standing to enact sadism for shits and giggles. Conflict occurs across the power differentials. That’s not disputed.

But in practice, and especially in groups of people, this rule doesn’t always seem to work so well.

For one, it appeals to people’s sentiments and naturally, people forget why the rule exists and just try and wing the spirit of it, whatever the fuck that may be. Eventually you can wind up with things like “the most oppressed in the room can do whatever the fuck they want, including not putting up with any doubt that they are the most oppressed in the room, which is LITERAL VIOLENCE!”

Pretty soon after things metastasize this far, without reference to any material fact you wind up with people in unassailable positions, irrespective of whether or not they as an individual or as a member of a social group, are actually most oppressed, effectively with license to do anything to members of any other oppressed group. And when they actually do “anything”, people act all surprised and then make excuses.

I can’t help but notice this also seems more pronounced when the person on the receiving end is a woman, and the person dishing it out is a man. Maybe that’s just my biases.

Then there are the pile-ons. The first step is for the purported or actually most oppressed person to have a go at someone who may very well have actually done something wrong, who may actually be an oppressed person themselves… and then a bunch of usually white, upper-middle class shits will come along and harangue the person on the receiving end for “punching down”. Never mind if they’ve just condescended to someone more disadvantaged than them – they’re doing it in alliance with The Most Oppressed, so all’s good.

“Oh, it does feel ever so good to be able to condescend to someone less advantaged than me, and for it to make me such a good ally, Tarquin. This system licenses it!”
“Oh, I know. It’s especially good when I do it to old feminists. It’s like calling them “bitch” or “feminazi”, but without the fear of being seen as a sexist pig. Just be sure to bring someone along who is able to punch up first – you only need to bring one of them. #TokenismYay

Even people who are aware that social justice causes/activist circles attract narcissists like ants to a picnic, will fail to realize that the mere prospect of the status of unassailability within such a milieu is all that much more attractive. There is inherent vagary in “don’t punch down” and don’t think for a second narcs won’t weaponize it if they can.

“Which way’s down in this case?”
“I’m not sure. Better be cautious and assume the shouty person knows.”
“Oh, yes. And we’d better not doubt them, because that’d be punching down too!”
“True. We must signal our support by following through when their voice is too hoarse to repeat themselves!”
“Oh dear, they just kicked the shit out of that lesbian.”
“That’s not good. But remember, we can’t expect people to be perfect in their activism and it is difficult to be a activist and suffer from the social stigma of Morgellons at the same time. Perhaps if we give them more time and attention in future, this kind of thing won’t happen again. We need to love them more!”
“Yes. Is it time tell the lesbian off now?”
“Of course. But I don’t think we use the word “lesbian” anymore.”
“[At lesbian] DAMN YOU… THING!?! You provoked them! How would you like to be a Furry with Morgellons? Non-human animals are the most oppressed group!”
“COSPLAY ISN’T A JOKE, L… THING! SHOW SOME FUCKING EMPATHY YOU PIECE OF SHIT!”
“You’re such a good feminist, Tarquin. #woke

And of course, just addressing this is practically impossible. The terms of the problem preclude discussing it from any angle other than that of the outsider.

And there’s the bait and switch between strict and equivocal definitions as the last barrier. For decision making within the group, the definition is equivocal, and made up on the fly for the convenience of whoever is in power. For criticism from outside the group, any questioning of “don’t punch down” is defined into literally excusing abusing disadvantaged people – end of story.

I can’t think of any solution other than to step away and start again once this shit takes hold. At least, not outside of groups that allow you to clear house with elections. Even then, that’s hard and requires the opportunity to organize.

I don’t envy people who don’t have the option to walk away.



Buy more guns

May 4th, 2018 4:37 pm | By

Yesterday it was hooray god, today it was hooray guns.

President Trump on Friday addressed the National Rifle Association’s annual meeting here in a speech that served as a rallying cry to his base, an attack on his detractors and a signal of his strong support for the gun rights group after suggesting months earlier he was open to some firearm restrictions.

For a few hours after Parkland he pretended to care, then it was back to normal.

But any streak of independence from the NRA was gone Friday, as Trump allied himself with some of the gun group’s biggest priorities in a rambling, 45-minute speech that focused as much on his foreign policy agenda, approval ratings and the latest in the Russia investigation as it did on gun policy.

His speeches are all rambling, because he’s that insufferable guy who thinks every word he utters is fascinating no matter how trivial and self-involved.

“Your Second Amendment rights are under siege,” Trump told the NRA members, whom he referred to as patriots. “But they will never ever be under siege as long as I’m your president.”

That’s “rambling” all right – i.e. a flat contradiction.  Your rights are under siege, but they will never ever be under siege as long as I’m your president, and I’m your president now, but your rights are under siege. QED.

To bolster his case for arming teachers and adding guards, Trump argued “there is no stronger deterrent for a sick individual than the knowledge that their attack will end their life and end in total failure.”

Wrong. Lots of shooters intend the attack to end their lives.

While Trump used the speech to firmly embrace the NRA’s agenda, he also treated it like a campaign rally — urging members to vote in the midterm elections, boasting about the improving unemployment numbers, touting the recent tax cuts, criticizing the media and lambasting the investigation into Russia’s meddling in the election.

The campaign part is secondary really; the reason he loves doing this is because it’s a chance to brag about himself and get cheers and applause in response. It’s his happy place.



So important

May 4th, 2018 4:11 pm | By

A moment from Trump’s performance at the “National Day of Prayer” [why do we even have such a thing, and especially why is it something the president makes a fuss about?] yesterday:

Today, during his remarks to commemorate the National Day of Prayer, President Trump departed from the prepared text to insert a boast that had presumably not been cleared by fact-checkers. Prayer “unites us all as one nation under God. So important,” he said. (“So important” being a common Trump tic to indicate he is encountering his own words for the first time and finds them important.) Then came the riff about “one nation under God”:

And we say it here, ya know? Lot of people, they don’t say it. But, you know what, they’re starting to say it more, just like we’re starting to say ‘Merry Christmas’ when that day comes around. You notice the big difference between now and two or three years ago, it was, all, it was going in the other direction rapidly, right? Now it’s [thrusting his hand vertically in the air] straight up.

No, I don’t notice that, and neither does he; he just thinks he does, because he’s too dumb to distinguish between “this idea that popped into my brain” and “a statistic I know.”



The Oslo police are investigating

May 4th, 2018 12:24 pm | By

I’ve seen one or two headlines lately saying Trump had been nominated for the Nobel Peace Prize, but I didn’t follow them up. (There’s only so much disgust I can take in one day.) But it may have been a false alarm.

[A] wrinkle in this time-honored process — the peace prize was first awarded in 1901 — emerged on Tuesday, when the committee announced that it had uncovered what appeared to be a forged nomination of President Trump for the prize. The matter has been referred to the Oslo police for investigation.

Moreover, the forgery appears to have occurred twice: Olav Njolstad, the secretary of the five-member committee, said it appeared that a forged nomination of Mr. Trump for the prize was also submitted last year — and was also referred to the police. (The earlier forgery was not disclosed to the public at the time.)

Inspector Rune Skjold, the head of the economic crimes section of the Oslo police, said that investigators had been in touch with the F.B.I. since last fall, which suggests that the forged nominations originated in the United States. He said the police believed that the same perpetrator was behind both forgeries.

Forged in what sense?

In a phone interview on Wednesday, Mr. Njolstad of the Nobel committee, said, “We verify all nominations, at least the ones with a shadow of doubt.”

Mr. Njolstad declined to provide details or copies of the forged nominations, but he said it was fair to assume that the documents purported to have been from a nominator who — when contacted — said the nominations were not valid.

So someone in a red MAGA cap pretending to be a person or organization of the kind that gets to nominate people for the prize.

Now if there were a prize for shameless lying…



An obvious and demonstrable lie

May 4th, 2018 11:34 am | By

Speaking of Trump versus truth –

Trump: As everybody is aware, the past Administration has long been asking for three hostages to be released from a North Korean Labor camp, but to no avail. Stay tuned!

Jake Tapper: 2 out of 3 of these hostages were detained in Trump presidency:

Tony Kim (aka Kim Sang-duk) detained 22 April 2017.

Kim Hak-song detained 6 May 2017.

An obvious and demonstrable lie in a tweet that remains up, a monument to how much President Trump doesn’t care about truth.

The Times on April 19th:

One was sentenced to 10 years of hard labor in 2016 for an espionage conviction. Two others are scholars — one studies accounting, the other agriculture — who taught at a prestigious science and technology university before they were arrested in 2017 on suspicion of “hostile acts.”

All three are Korean-American men who have been held in North Korea. They share a common surname, Kim, but they are not related.

So “the past Administration” was not asking for the release of the two arrested in 2017 before they were arrested; the two arrested in 2017 were arrested during Trump’s administration, not “the past” one.

Another smoking lie.



Everything incorrectly

May 4th, 2018 9:15 am | By

What’s that thumping sound? The bus wheels rolling over Rudy Giuliani.

President Trump undercut his attorney, Rudolph W. Giuliani, on Friday, and said the former New York mayor will eventually get the facts right regarding a payment to a pornographic actress who said she had an affair with Mr. Trump.

Everything “has been said incorrectly,” Mr. Trump said, blaming the media coverage and Mr. Giuliani’s short time on the job.

Oh yes, he was an intern until just the other day, he’s a total novice, he can’t possibly be expected to know all the facts yet, and that’s why it was a great idea for him to talk to Sean Hannity.

Mr. Giuliani, who joined Mr. Trump’s legal team last month, “started a day ago,” Mr. Trump said, speaking to reporters on Friday as he left Washington to attend a National Rifle Association convention in Dallas.

“He’s a great guy,” Mr. Trump said. “He’ll get his facts straight.”

So Trump told a ridiculous boob lie – what, in order to illustrate how unimportant it is to get the facts straight?

And then, note the trip to hang out with the extremely right-wing National Rifle Association, in callous disregard or outright contempt for Parkland and all the other mass shootings since the last NRA convention.

Mr. Giuliani kicked off the confusion with an interview on Fox News on Wednesday, surprising even some of Mr. Trump’s other attorneys.

In a series of Twitter posts the following morning, the president backed up what Mr. Giuliani said. But, on Friday, Mr. Trump said that everything said about the transaction “has been said incorrectly.”

“It’s actually very simple,” the president said, without elaboration.

Presidents don’t elaborate. You’re supposed to listen, and believe. That’s it.



Guest post: How to tell who is objective

May 3rd, 2018 4:45 pm | By

Originally a comment by Screechy Monkey on Are they objective?

He’s implying that that’s not “objective”…But an objective observer (who hadn’t just popped out of an eggshell fully mature yesterday) has a million reasons to think Comey is more likely to be telling the truth than Trump is. An objective observer can remember that clip on Air Force One when Trump lied about who paid Stormy Daniels and whether he knew about it, to name just one item. Trump lies constantly; Comey not so much.

No, no, that’s not how it works. You can’t go using evidence to reach an uncomfortable conclusion. “Objective” means that you either (1) are “keeping an open mind” and refusing to decide whether you believe the allegations; or (2) have decided, like Giuliani, that the allegations are false. Disagreeing with Rudy is, ipso facto, proof of a lack of objectivity.

Have you learned nothing from sexual assault and harassment cases?

“I can’t possibly come to any sort of opinion on the allegations against Famous Dude. All I have to go on is detailed eyewitness accounts from the victims and other witnesses, corroborating accounts from people they complained to, documentary evidence, and Famous Dude’s generally skeevy attitude towards women. As a true skeptic, I couldn’t possibly form an opinion until all of these witnesses are brought before me in a courtroom, which I know will never happen.” = OBJECTIVE

“Although I remain open to further evidence, and any actual criminal punishment would have to await a prosecution and conviction, it appears from the detailed eyewitness accounts from the victims and other witnesses, corroborating accounts from people they complained to, documentary evidence, and Famous Dude’s generally skeevy attitude towards women, that Famous Dude has harassed women. And so perhaps that should have some social consequences.” = NOT OBJECTIVE

“I’ve had beers with Famous Dude, and I believe him when he says these women are all lying bitches.” = OBJECTIVE



Are they objective?

May 3rd, 2018 12:13 pm | By

The Post annotates Giuliani’s chat with Hannity.

GIULIANI: Here’s what it’s all about. It’s real simple. The American people can follow this along with me. Are they objective?

HANNITY: Are they?

GIULIANI: Well, right now, a lot of things point in the direction of, they made up their mind that Comey is telling the truth and not the president.

Ok wait. He’s implying that that’s not “objective”…But an objective observer (who hadn’t just popped out of an eggshell fully mature yesterday) has a million reasons to think Comey is more likely to be telling the truth than Trump is. An objective observer can remember that clip on Air Force One when Trump lied about who paid Stormy Daniels and whether he knew about it, to name just one item. Trump lies constantly; Comey not so much.

GIULIANI: He fired Comey because Comey would not, among other things, say that he wasn’t a target of the investigation. He’s entitled to that. Hillary Clinton got that. And, he couldn’t get that. So, he fired him and he said, I’m free of the guy, and he went on Lester Holt. Lester Holt’s interview was as good as anybody could do, better than I think any of the people around Mueller could have done, and Lester Holt asked him, why did you do it? He said, I did it because I felt that I had to explain to the American people the president was not the target of the investigation.

No he didn’t. That’s not what he said at all. So there’s Giuliani either lying about or failing to remember accurately an important fact. So much for objectively deciding who is telling the truth.

GIULIANI: And even Jake Tapper pushed him, like, really hard, I’m talking about Comey. Comey had no answer for why he didn’t say this, even though he had done the same thing for Hillary.

So, you can’t blame the president for feeling, I am not being treated the same way they were.

But, again, it’s the difference between a closed investigation and an open one. I can grasp that as a random citizen with no legal training, so I’m well convinced former prosecutor Giuliani can…so he’s bullshitting.

GIULIANI: I know James Comey. I know the president.

Sorry, Jim, you’re a liar. A disgraceful liar. Every FBI agent in America has his head down because of you. It would have been good for God if God had kept you out of being head of the FBI.

HANNITY: Explain where he lied.

GIULIANI: Well, he lied about his conversation with McCabe. He knew all of McCabe’s conflicts. McCabe should testify against him. He lied about his conversations with the president. He only told the truth when the president said, I made — we know Donald — I’m sorry, Mr. President, he was Donald before.

He lied about the fact that they talked about whether the president was a subject or target, then he immediately changed it. It’s one lie after another.

How does Giuliani know Comey lied about his conversations with the president? Was he in the room? Did he have a wiretap on Comey? Where does he get his certainty?

HANNITY: Rod Rosenstein — everyone forgets when he wrote that recommendation to fire Comey. He said the FBI cannot be reestablished if he stayed at the helm.

GIULIANI: Yeah, why? Because he’s a liar. His conduct of the Hillary Clinton investigation was a total disgrace. If Hillary Clinton had been elected president, he wouldn’t have lasted past day one. We know she would have fired him.

I don’t think she’d deny that today. She was right. We should have fired him. When I say we, I mean the collective we here, day one.

That’s seven times so far he’s called Comey a liar.

HANNITY: Well, wait a minute. And you have a guy who hates Hillary and loves Donald Trump during the interview. That would be the Hillary standard. That’s not going to happen with Robert Mueller.

GIULIANI: We’re not going to get that. Could we accept something less than that? Yes. Could we accept a situation in which they are telling us basically we believe Comey, who is now a pathological liar, as opposed to Donald Trump? Then the answer to that is no.

Eight times.

GIULIANI: Also Comey and McCabe contradicting each other. One of them has to be lying. I mean, I actually think Comey is lying. I think Comey is a big liar than McCabe. McCabe isn’t a situational liar. He’s a much big liar.

So, if this were equal system of justice, they’d all be prosecuted.

Nine ten.



We’ll always have planets

May 3rd, 2018 11:13 am | By

Meanwhile, Jupiter.



If it’s worth saying once

May 3rd, 2018 10:58 am | By

Apparently Trump and Giuliani are so pleased with the way Giuliani’s conversation with Hannity went that they decided to do even more like that.

Rudy Giuliani, who joined President Trump’s personal legal team last week, told Fox News on Thursday that the Trump attorney Michael Cohen had arranged a payment to the adult-film actress Stormy Daniels in order to prevent allegations of an affair from coming out in the closing days of the 2016 election.

The former New York City mayor’s explanation for the $130,000 payment to Daniels suggests the deal likely ran afoul of campaign-finance laws.

On Thursday morning, Trump tweeted that Cohen “received a monthly retainer, not from the campaign and having nothing to do with the campaign … used to stop the false and extortionist accusations made by her about an affair despite already having signed a detailed letter admitting that there was no affair.”

“Money from the campaign, or campaign contributions, played no roll [sic] in this transaction,” the president insisted.

But Giuliani quickly contradicted that explanation in an interview with Fox and Friends Thursday morning, indicating that the payment to Daniels was meant to prevent damaging information from emerging in the latter days of the 2016 campaign. “Imagine if that came out on October 15, 2016, in the middle of the last debate with Hillary Clinton,” Giuliani said. “Cohen didn’t even ask. He made it go away. He did his job.”

That statement, legal experts said, appears to confirm that the payment was a campaign expenditure. “This is good circumstantial evidence this was campaign-related,” said Rick Hasen, a law professor at the University of California, Irvine. “Giuliani did Trump no favors.”

No, it’s all part of their cunning plan.



He’s entitled to that

May 3rd, 2018 10:08 am | By

Along with the hush money part there’s the obstruction of justice part.

Giuliani conceded in an offhand way that Trump fired FBI Director James B. Comey because Comey failed to do Trump’s bidding and publicly declare that Trump was not under investigation. Here’s what Giuliani said:

“He fired Comey because Comey would not, among other things, say that he wasn’t a target of the investigation,” Giuliani said. “He’s entitled to that. Hillary Clinton got that, and he couldn’t get that. So he fired him, and he said, ‘I’m free of this guy.’”

In saying this, Giuliani appears to have thought that he was exonerating Trump. Giuliani was saying Trump didn’t fire Comey to obstruct the investigation into Trump campaign collusion with Russian sabotage of our election, but rather because Comey didn’t publicly clear him, which Giuliani believes Trump was “entitled to.”

I stared in astonishment at that clip last night, because it’s so ridiculous. Giuliani was a prosecutor once upon a time, and here he is announcing that powerful people are “entitled” to order investigators to clear them during an investigation. What entitlement is that? Who has ever heard of such an entitlement before? Trump’s ordering Comey to publicly clear him is obstructing the investigation. Hillary Clinton did not “get that” until Comey and the FBI had closed the investigation.

“It seems that Giuliani is trying to suggest that Trump did not obstruct justice when he fired Comey,” Barbara McQuade, a former prosecutor and current law professor at the University of Michigan, told me. “But in fact he may just be building the case against him. Even demanding that Comey make a public statement that Trump is not under investigation would itself potentially be obstruction of justice.” McQuade added that insisting on such a public statement constitutes “interfering in the investigation.”

It seems to me blindingly obvious that it does; how could it not?

We also know that Mueller is looking at all of this conduct. To establish obstruction, Mueller needs to show that in trying to hamstring or derail the probe, Trump acted with “corrupt intent,” say, to protect himself and his top officials from scrutiny. The leaked questions from Mueller show that he wants to ask Trump about that very same March 30 call with Comey in which he seems to have demanded that Comey publicly exonerate him. Mueller wants to probe Trump’s state of mind about all of this, including whether Comey’s public confirmation of the investigation — which angered Trump — helped precipitate Comey’s firing.

Giuliani has now publicly confirmed that all that did indeed figure into Trump’s rationale. And Mueller’s team may take an interest in this, McQuade told me: “This will cause them to review what they’ve done already and will inform their questions going forward.”

To be clear, it still remains very unlikely that Mueller will try to indict Trump for obstruction of justice. But Mueller is expected to produce a report on the obstruction question, and his findings on it may be made public in some form. Whether or not Trump can be held criminally liable for obstruction, Mueller may end up documenting a pattern of very serious misconduct, which could shed new light on just how far Trump went to shield himself and his cronies from accountability, something that could have serious implications for our politics and for our efforts to restore the integrity of the rule of law amid Trump’s nonstop degradation of it.

Maybe that’s our future – clear public knowledge that Trump obstructed justice to serve his own interests, and we remain stuck with him.



He knew nothing about it, but he reimbursed it

May 3rd, 2018 8:36 am | By

So that was a big oops – Rudy Giuliani telling Sean Hannity that Trump had reimbursed Michael Cohen for that $130k Cohen paid Stormy Daniels – and that he did it by “funneling” it through a law firm. Lawyers were all but cackling as they explained that “funneling” amounts to “structuring” and the latter is a felony.

President Trump reimbursed Michael D. Cohen, his longtime personal lawyer, for a $130,000 payment that Mr. Cohen has said he made to keep a pornographic film actress from going public before the 2016 election with her story about an affair with Mr. Trump, according to Rudolph W. Giuliani, one of the president’s lawyers.

Those four words before the 2016 election are crucial, because they’re what makes it a campaign contribution and thus subject to laws that appear to have been broken if not smashed and trampled underfoot.

That statement, which Mr. Giuliani made Wednesday night on Fox News, contradicted the president, who has said he had no knowledge about any payment to the actress, Stephanie Clifford, to keep quiet before the election.

Asked specifically last month by reporters aboard Air Force One whether he knew about the payment, Mr. Trump said, “No,” and referred questions to Mr. Cohen. He was then asked, “Do you know where he got the money to make that payment?”

“No,” Mr. Trump responded. “I don’t know.”

Michael Avenatti was doing headstands.

Giuliani says his goal was to establish that Trump himself paid off Stephanie Clifford, so there was no campaign finance violation…but then there is a lot of other stuff, like for instance that bald lie told on camera on Air Force One.

The president has repeatedly denied that he had an affair with Ms. Clifford, who has described having intimate contact with Mr. Trump before he became president.

Mr. Giuliani’s comments are also in direct contrast to what Mr. Cohen has been saying for months — that he used his own money to pay Ms. Clifford, whose stage name is Stormy Daniels. Mr. Cohen is under investigation by the F.B.I., which raided his home and office last month and seized documents that included information about the payment to Ms. Clifford.

The things we’re talking about now thanks to the election of this squalid turd of a man.

The comments on Fox sent a jolt through Washington and New York, including the legal teams working on behalf of the president, Mr. Cohen and Ms. Clifford, who has sued Mr. Cohen in an attempt to be released from the nondisclosure agreement that accompanied the $130,000 payment in October 2016.

Michael Avenatti, Ms. Clifford’s lawyer, said Wednesday night on Twitter that Mr. Giuliani’s comments amounted to an admission that the president had lied to the American people about whether he was aware of the hush payment.

“Mr. Trump stood on AF1 and blatantly lied,” Mr. Avenatti wrote. “This followed the lies told by others close to him, including Mr. Cohen. This should never be acceptable in our America. We will not rest until justice is served.”

No, it should not. Trump’s constant shameless lying is totally unacceptable and always has been.

Mr. Trump’s campaign did not disclose the reimbursement to Mr. Cohen on its commission reports.

The crucial question in determining whether the reimbursement to Mr. Cohen violated campaign finance laws might be whether the payment was specifically intended to help Mr. Trump’s campaign.

Paul S. Ryan, an official at the government watchdog group Common Cause, argued that “all the facts indicate that the payment was to influence the election.”

Mr. Ryan asserted that Mr. Giuliani’s admission could allow prosecutors to make the case that Mr. Trump “knowingly caused his campaign committee to file an incomplete disclosure report with the F.E.C.”

“Until tonight, it would have been tough to prove that because Donald Trump had denied knowing about the payment,” Mr. Ryan said. “But his reimbursement amounts to knowledge.”

So Giuliani solved one legal problem but made another much worse. That’s probably inevitable with a client like Trump.



A tireless champion of the rule of law

May 2nd, 2018 5:42 pm | By

Mike Pence fancies himself the Voice of Morality in the Trump administration – which is odd since you can’t work for Trump without stepping deliberately into a moral sewer, but anyway he does fancy himself that.

So it is worth noting what Pence, the Trump administration’s righteous man, did in Arizona on Tuesday. According to the Hill’s Jacqueline Thomsen:

Vice President Pence praised former Maricopa County Sheriff Joe Arpaio, who was convicted of contempt of court, as a “tireless champion of … the rule of law” during an event in Arizona on Tuesday.

Pence said at the tax event that he was “honored” by the former sheriff’s attendance, and called Arpaio a “great friend of this president and tireless champion of strong borders and the rule of law,” to cheers from the crowd.

A tireless champion of the rule of law who was convicted of violating a federal court order to stop arresting and detaining people for no reason other than his own whim (and the fact that they looked “Mexican” of course). He was convicted of violating a federal court order. That’s not a tireless champion of the rule of law. In Arpaio’s case it’s also a mean racist shit.

Daniel Drezner quotes the National Review:

Arpaio was convicted of criminal contempt last summer for willfully violating a federal court order. Specifically, he was convicted of violating an order that he cease arresting and detaining people for whom there was no plausible criminal charge — i.e., the court asked him, pretty please, to stop detaining Mexicans for publicity purposes. Arpaio says he was arresting illegal immigrants, and he may well have been, but it is not a criminal offense simply to be illegally present in the United States. (That is a civil matter.) Until such a time as Congress passes a law making such presence a crime (and delegates enforcement of that federal statute to the sheriff of Maricopa County, Ariz.), arresting people under color of law for that non-crime isn’t law enforcement — it’s lawlessness.

But Sheriff Joe has a thing for arresting people who haven’t committed any crime. He arrested a Republican critic — the county supervisor — on trumped-up charges in 2008 and ended up handing over $3.5 million of taxpayers’ money in a wrongful-arrest settlement. He tried to bully the mayor of Phoenix in much the same way, demanding phone logs and other records as part of a nonsensical “investigation” designed to silence a critic. In another spectacular abuse of power, Arpaio teamed up with a friendly county attorney and filed a federal lawsuit seeking the federal prosecution of several judges and lawyers — his political enemies — under the RICO organized-crime statute. Arpaio, being Arpaio, held a press conference announcing the investigation, which the federal courts immediately threw out as “patently frivolous.” Millions more taxpayers’ dollars were paid out in settlements.

That’s not The Nation or Mother Jones or American Prospect, it’s National Review. Like Trump, Arpaio is a bad man who does bad things. It’s not political or “partisan”; it’s just the truth.



Guest post: And Mueller will smile and nod and write everything down

May 2nd, 2018 4:36 pm | By

Originally a comment by Claire on It’s not optional.

My husband and I have been talking about what an interview between Mueller and Trump would look like. If this were literally any other politician, they would answer carefully, with narrow answers, resist the urge to elaborate, and if possible, try to answer the question they want to answer rather than the one they were asked. And if needed, plead the fifth.

I think Trump is constitutionally incapable of all of these things, including pleading the fifth. Because once you plead the fifth, you have to shut up. That requires considerable self-control, because social animals that we are, most people are uncomfortable to sit in silence. Sitting in silence letting suspects fill the room with noise is what good investigators do.

Trump has some of the poorest self-control I’ve ever seen in an adult, and you know he’d be “oh I plead the fifth on that question because you know this a made up story and Comey, what a liar that guy was, he was part of the Deep State… you know the Deep State is working to destroy me because they’re all Democrats and they’re mad because Crooked Hillary should have won, they said I couldn’t get to 270 and boy were they wrong and there’s no collusion because you know, this Russa thing is a hoax and I never pay for hookers I don’t need to do I look like a man who needs hookers…then Putin said I can fix this for you because it’s a rigged system, rigged system that’s what I call it, have you ever heard that term before I came up with it myself I like the sound of it, and you know, this is all a plot by Democrats and your team is full of Democrats…” etc etc ad nauseum.

And Mueller will smile and nod and write everything down.



The improper demand for documents

May 2nd, 2018 11:32 am | By

Fred Wertheimer and Norm Eisen explain very crisply why the two leaders of the House Freedom Caucus have no business trying to impeach Rosenstein.

Throughout our nation’s history, the House has recognized that impeachment power was not intended to be used for political, partisan or ideological purposes.

Yet apparently no one got the word to Republican Reps. Mark Meadows of North Carolina and Jim Jordan of Ohio. The two leaders of the House Freedom Caucus have threatened Deputy Attorney General Rod Rosenstein with impeachment and now, led by Meadows, Freedom Caucus members have actually drafted articles of impeachment against Rosenstein.

His supposed offense? He had the temerity to refuse to throw open Justice Department files related to special counsel Robert Mueller’s ongoing criminal investigation into Russian interference in the 2016 presidential election.

And for why? Simply because legislators aren’t supposed to interfere with current investigations. How very dare he.

Members of Congress simply have no business injecting themselves into the middle of a Justice Department criminal investigation. Such actions can seriously undermine the investigation and provide assistance to its subjects and targets.

Rosenstein flatly rejected this obvious effort to intimidate him and interfere with the Russia investigation. “The Department of Justice is not going to be extorted,” he said Tuesday in a clear reference to the demands and impeachment threats made by Freedom Caucus members.

The improper demand for documents by Meadows, Jordan and a small group of House GOP Trump enablers is part of a transparent effort to attack and discredit the special counsel investigation. Shortly after Meadows and Jordan met with Rosenstein to pressure him on obtaining documents, Meadows reportedly spoke to President Trump. Meadows refused to reveal the details of the conversation.

All this to protect that vile sleazy corrupt exploitative lying thieving bullying pussygrabber.



Ginger lemonade

May 2nd, 2018 10:45 am | By

Those two guys who got arrested in a Philadelphia Starbucks for doing what white people do all the time? They settled with the city.

Two black men arrested for sitting at a Philadelphia Starbucks without ordering anything settled with the city Wednesday for a symbolic $1 each and a promise from officials to set up a $200,000 program for young entrepreneurs.

The men and their lawyer told The Associated Press the settlement was an effort to make sure something positive came out of the incident.

“We thought long and hard about it and we feel like this is the best way to see that change that we want to see,” said Donte Robinson, one of those arrested. “It’s not a right-now thing that’s good for right now, but I feel like we will see the true change over time.”

They’re young entrepreneurs themselves. I think it’s brilliant jiu-jitsu to turn the degrading treatment they got into opportunities for others. (One hopes Philly won’t focus the program exclusively on young white entrepreneurs.)



It’s not optional

May 2nd, 2018 10:13 am | By

Meanwhile, Jennifer Rubin reiterates that Trump does not get to just say no. It’s not something he can choose to do or not.

As Right Turn has discussed from time to time, the story line that President Trump has the option whether to sit down with special counsel Robert S. Mueller III is simply wrong. Mueller has the option to ask the grand jury to issue a subpoena to compel Trump’s testimony under oath and without his lawyer present. (Witnesses can go outside to consult with a lawyer, but witnesses ordinarily do not get to bring their attorney into the grand jury room.) Perhaps now Trump, his lawyers and the TV talking heads will approach Trump’s testimony more realistically: It isn’t up to him to decide to cooperate — unless he wants to take the unprecedented step of thwarting an investigation into his own wrongdoing by invoking the Fifth Amendment.

If he did that his presidency would be over, according to people who know things.

Yesterday’s late in the day boom has the details on why it’s not up to him:

In a tense meeting in early March with special counsel Robert S. Mueller III, President Trump’s lawyers insisted he had no obligation to talk with federal investigators probing Russia’s interference in the 2016 presidential campaign.

But Mueller responded that he had another option if Trump declined: He could issue a subpoena for the president to appear before a grand jury, according to four people familiar with the encounter.

Ah but the lawyers had a retort.

Mueller’s warning — the first time he is known to have mentioned a possible subpoena to Trump’s legal team — spurred a sharp retort from John Dowd, then the president’s lead lawyer.

“This isn’t some game,” Dowd said, according to two people with knowledge of his comments. “You are screwing with the work of the president of the United States.”

The work of watching Fox News and tweeting insults and holding rallies. Important stuff.

After that Trump’s lawyers fought amongst themselves and Dowd resigned.

Now Trump’s newly reconfigured legal team is pondering how to address the special counsel’s queries, all while assessing the potential evidence of obstruction that Mueller might present and contending with a client who has grown increasingly opposed to sitting down with the special counsel. Without a resolution on the interview, the standoff could turn into a historic confrontation before the Supreme Court over a presidential subpoena.

One thing I haven’t seen discussed yet is how well Trump can stand up to the interview given how long and arduous it will be.

Paul Rosenzweig, who worked as a senior counsel on independent counsel Kenneth W. Starr’s investigation during the Clinton administration, predicted that the president would face a long interview if the special counsel hewed to the list Sekulow compiled.

“This isn’t a list of 49 questions. It’s 49 topics,” Rosenzweig said. “Each of these topics results in dozens of questions. To be honest, that list is a two-day interview. You don’t get through it in an hour or two.”

That would be hard work no matter what, and it will be all the harder for Trump because he’ll be struggling to answer in ways that won’t get him impeached and imprisoned, and for a guy with his limited abilities…dayum.

For his part, Trump fumed when he saw the breadth of the questions that emerged out of the talks with Mueller’s team, according to two White House officials.

The president and several advisers now plan to point to the list as evidence that Mueller has strayed beyond his mandate and is overreaching, they said.

Whose fault is it that the questions cover so much territory? It’s not Mueller’s fault, it’s Trump’s, for being such a crook in such various ways. Crooks don’t get to say “this is too much!!!” when they did all the crooked things.

(Morally speaking they don’t. For all I know maybe legally speaking they do.)

Trump advisers are particularly frustrated by the Mueller team’s focus on whether Trump was obstructing justice by trying to push last summer for Sessions to resign. If the attorney general had stepped down, Trump could have chosen a replacement who was not recused from running the Russia investigation.

Dowd has repeatedly argued that the president has ultimate authority under the Constitution to fire or demote any of his appointees and that his firing decisions cannot be used as evidence of obstruction.

Lawyers who don’t work for Trump have repeatedly responded that firing decisions that obstruct justice can indeed be used as evidence of obstruction.

Alan Dershowitz, a well-known lawyer and Trump advocate, said Tuesday that it would be dangerous and unwise for the president to agree to an interview.

“The strategy is to throw him softballs so that he will go on and on with his answers,” he said. “Instead of sharp questions designed to elicit yes or no, they make him feel very comfortable and let him ramble.”

Isn’t that interesting? Dershowitz obviously realizes how stupid Trump is – only a damn fool would “feel very comfortable” and ramble away to a special counsel – yet he still advocates for him. Why? Why advocate for a criminal idiot? What’s not to dislike?