It’s a secret

Apr 19th, 2018 8:45 am | By

So, Scott Pruitt spent thousands of government dollars on a junket to Morocco during which he promoted the export of natural gas…an activity which has nothing to do with the agency he heads. Funnily enough the agency to protect the environment does not lobby for natural gas export.

He’s also doing his best to conceal nearly everything about it.

Newly released calendars for one of the most controversial trips of Environmental Protection Agency Administrator Scott Pruitt’s tenure were largely blacked out before being shared with ABC News.

The 47-hour journey in Morocco was already drawing congressional scrutiny and criticism from outside groups because of the lack transparency over why Pruitt was in the country and what he was doing while he was there.

In Morocco, he spent at least a portion of his time promoting exports for U.S. energy firms. Conservative congressional estimates put the cost of the trip at more than $40,000, and because of travel snags, Pruitt and his aides spent two days in Paris at high-end hotels.

Or because of “travel snags.” Oh, oh, the plane is dusty, we have to stay in Paris for a couple of days, what a shame.

Pruitt did not publicly announce he was going ahead of time, did not bring reporters along, and when he finally released copies of his itinerary in response to Freedom of Information requests from ABC News and other news organizations, the bulk of the schedule was blacked out.

The bulk of the schedule was blacked out. How does he even justify that? The EPA is not the CIA; where does he get off refusing to tell us what he did in Morocco? Why would it be secret?

“The substantial redaction of calendars from his trip to Morocco, in which he apparently spent substantial taxpayer money to work on an issue that could benefit donors and those with ties to him, seems like just the latest example of the inappropriate secrecy he has brought to every aspect of his job,” Noah Bookbinder, the executive director of the nonpartisan watchdog Citizens for Responsible Ethics in Washington, said in a statement.

It’s not a secret agency. It’s not an agency that is supposed to keep secrets*.

What is known about Pruitt’s trip to Morocco last December comes from a press statement he released as he departed to fly back to D.C. According to the EPA press release, he discussed U.S. environmental priorities and the U.S.-Morocco Free Trade Agreement with Moroccan leaders and, to the surprise of some, promoted benefit of liquid natural gas imports in Morocco.

At the time of the trip, the only U.S. company that exported liquid natural gas was represented by a top Washington lobbyist who arranged $50-a-night housing for Pruitt when he first moved to town. The company, Cheniere, and the lobbyist, Steven Hart, both told ABC News they did not ask Pruitt to promote the exports in Morocco.

Oh, thank god, that’s all right then.

Sleaze piled on sleaze.

The massive redactions were justified according to team Pruitt by the “deliberative process privilege” allowed under the Freedom of Information Act.

Typically, that’s an exception used to avoid releasing the details of internal policy discussions before they are finalized, so as to prevent confusing the public, according to the Reporters Committee for the Freedom of the Press website.

The EPA cites the exemption repeatedly to justify deletions throughout the 350 pages of schedules the EPA released this week, including his activities on New Year’s Day.

Whitehouse wrote in a letter earlier this month that he has reviewed copies of Pruitt’s schedule that show he traveled with his family to the Rose Bowl and Disneyland during that time.

Deliberating, were they? Engaging in the deliberative process while they watched the football? The whole family deliberating on EPA matters at Disneyland?

Adam Marshall, an attorney with the Reporters Committee for the Freedom of the Press, said the use of the Deliberative Process Privilege is problematic in this case because previous court cases have said it can’t be used to redact purely factual information like the date, time, or who attended a meeting.

Marshall called it the “withhold it because you want to” exemption because agencies routinely overuse it.

“We know from past experiences that [the exemption is] used to withhold embarrassing and politically inconvenient information from the public,” he said in an interview with ABC News.

Which covers pretty much everything Scott Pruitt does.

*Correction, courtesy of iknklast: “I learned during my tenure with Oklahoma Department of Envrionmental Quality, which works closely with the EPA, that trade secrets are to be protected. If a company wishes to poison us with something, they declare it a trade secret, and it won’t show up in the files by name…”



Evidence 101

Apr 18th, 2018 5:27 pm | By

Kris Kobach was held in contempt of court today for being such a vote-suppressing asshole.

Kansas Secretary of State Kris Kobach was held in contempt of court Wednesday afternoon by a federal judge for failing to follow a court order to register voters in Kansas. Kobach, who led President Donald Trump’s election integrity commission and is the country’s most prominent advocate for restrictions on voting, “willfully failed to comply with the preliminary injunction” against the state’s law requiring proof of citizenship law for voter registration, Judge Julie Robinson, a George W. Bush appointee, ruled.

In 2013, Kobach pushed Kansas to enact a law requiring people to provide certain forms of documentation, such as a birth certificate, passport, or naturalization papers, to register to vote. The law prevented 35,000 Kansans from registering between 2013 and 2016. The ACLU filed suit and won a preliminary injunction in May 2016 blocking the law for the November 2016 election.

Not everybody has a birth certificate or passport, let alone naturalization papers. It’s difficult to get them if you don’t have them. Making voting difficult=voter suppression.

As part of the settlement, Kobach was supposed to mail a postcard to voters who were blocked from registering letting them now that they were now eligible to vote. He was also instructed by the court to update the state’s election manual, which Robinson called “the policy and training Bible for the 105 county election officials,” to let local officials know that the proof of citizenship law would not be in effect. But Kobach did neither.

Because he’s an evil toad who wants to throw the lower classes off the voting rolls. It’s that simple.

Kobach was repeatedly humiliated in court when he defended the law from a challenge by the ACLU in a March trial. Robinson scolded him for not following her earlier order, telling Kobach, “I made it clear they’re fully registered voters,” and pounding on her desk for emphasis. Despite Kobach’s assertion that “the illegal registration of alien voters has become pervasive,” his own hand-picked witnesses could not cite a single instance where votes by non-citizens decided an election, nor did they support his debunked claim that Trump lost the popular vote in 2016 because of illegal votes. The judge repeatedly lectured Kobach on “Evidence 101” when he tried to present evidence that was not properly submitted to the court.

Evil but incompetent.



Guest post: The instructor never sits the males down

Apr 18th, 2018 4:18 pm | By

Originally a comment by iknklast on A notoriously testosterone-charged profession.

Where I teach, we frequently get female students in the automotive department. The instructor sits them down and explains to them that they will face discrimination and hostility from the males. The instructor never sits down the males and says “They will not face discrimination and hostility or you will answer to me”.

I can be charitable, and accept that he believes this is in the best interest of the female students, that he wants to prepare them for the eventuality they will face outside of the classroom, and that it never occurs to him to try to change the situation, or that he can. I can be uncharitable, and assume that he is trying to persuade the female students to leave them alone. I have no way of knowing, other than my own experience in the world, as men tried to persuade me (and women – especially my mother – tried to persuade me) that science was no field for a woman. Of the people I knew, their motive was always the same – get me out of science, married, and pregnant as soon as possible, and keep me in my place. Therefore, I tend toward the uncharitable assumption, because I have very few examples of the opposite.



Existential choice

Apr 18th, 2018 11:34 am | By

From the same piece, Wittes’s thoughts on Trump and Comey.

For a lot of readers, the easy part of the book will be Comey’s discussion of his interactions with Trump. There is no moral complexity here. There are no serious questions of whether Comey should have behaved differently—not in the macro sense, at least. There is only the question of whether one believes Comey or Trump about the nature of their interactions. And to pose that question is also to answer it. One of them is a man who, whatever his flaws, is not a liar and who has numerous contemporaneous corroborating witnesses and documents. The other is Donald Trump. I suppose another question is whether one believes the president’s behavior as described by Comey is acceptable. But to ask that question is to answer it too. Of course Comey is telling the truth. And of course the president’s conduct is not acceptable.

Why “of course”? Because we see Trump. We see him every day. He tells us what he thinks, and how he thinks. Of course he carried on the way Comey says he did. It’s utterly characteristic of him. We recognize it.

Wittes thought all along that Trump would fire Comey – before the election he thought it.

I believed that Trump would fire Comey because it was clear who Trump is, and I knew who Comey is. I had a feeling they could not coexist. A tyranny cannot have independent law enforcement and remain an effective tyranny. A would-be tyrant thus must purge government of law enforcement that would be independent. He simply must get the law enforcement apparatus under his control—that is, protecting his friends and himself and arrayed against his enemies. I did not know who would be the Trump administration’s attorney general or deputy attorney general. But I knew that Trump would not be able to get law enforcement under his control with Comey in office—so I worried that he would remove Comey sooner or later. That this came to pass, and quickly, is not a reflection of my prescience. It is a reflection of what Comey, , called “the nature of the person.”

A tyranny cannot have independent law enforcement and remain an effective tyranny.

So we’d better make damn sure we go on having independent law enforcement. Mitch McConnell is doing his best to stop us; that has to change.

This is the story line on which the public should focus—on which, indeed, focus is democratically imperative. This story line continues to this day in the president’s threats to Deputy Attorney General Rod Rosenstein and Special Counsel Bob Mueller, in the possibility of pardons for major witnesses, and in the vicious smears of career law enforcement officials and the sliming of the attorney general for the supposedly iniquitous crime of recusing himself from an investigation in which his conflicts were both manifest and manifold.

Yet the public discussion of Comey, his book and his public presence does not manage to focus on this story line. And this is one of the great tragedies of the Clinton email investigation.

At the end of the day, I don’t know what I think of how Comey handled the Clinton email investigation. I go back and forth about whether the best of bad options worked out badly or whether this was a string of bad moves and unforced errors. My concern is that an inability to see whatever errors Comey made as the good-faith failings of a decent man trying his best under extraordinary circumstances affects the ability to process his interactions with Trump. Inevitably, your view of the Comey-Clinton story affects your ability to focus on the Comey-Trump story. It’s hard to focus on the Comey-Trump story if you believe the Comey-Clinton story is one of—at the extreme—partisan intervention by the FBI on Trump’s behalf. It’s hard if you believe it was a story of ego-driven showboating and moral vanity on the part of a man who loves the spotlight. It’s hard if you convince yourself that Comey’s action affected the outcome of the election. It’s really hard if you’ve persuaded yourself to ignore the many other factors that contributed to Clinton’s loss and Trump’s win—and all the other factors that contributed to the Justice Department’s handling of this particular case. It’s also really hard if you’re not open to grappling with the Kierkegaardian reality that Comey faced.

At least the choices now are clearer. Trump must not be allowed to do away with independent law enforcement. Trump must not be allowed to become an absolute tyrant with no checks.



Do X or Not-X, you will regret it

Apr 18th, 2018 10:47 am | By

Benjamin Wittes has a long piece on Comey and his book and the emailselectioninvestigationfuss. It’s not a review; he says it would be wrong of him to do a review because he’s not distant enough. It’s reflections on the book rather than a review of it. It includes anecdotes like having lunch with Comey at the FBI cafeteria shortly after Comey became director, and what happened there, and how that fits into the general story of how Comey shifted the culture of the FBI and what people there think of him.

He also takes on this whole question I was talking about yesterday: about having no good options and having the luxury of hindsight that participants don’t have.

My broad point is a simple one: One of the inherent features of no-win situations is that someone loses. Colleagues may understand what you did because they trust you. If you’re lucky, so may your boss. But when something terrible happens, the public will need to assign blame. This is inevitable, and assuming that burden is part of leadership.

Comey and the FBI were in a no-win situation. The no-win we ended up with is Trump. It’s a bitter pill.

Comey’s efforts to break down the cult of the directorship—its successes and its limitations—offer an interesting window into one of the larger themes he struggles with in this book: the effort to insulate the FBI from the perception of intervention in politics when it is investigating both major parties’ presidential nominees during an election campaign. This, perhaps unsurprisingly, turns out to have been even more impossible than eliminating the cult of the directorship. However earnestly one tries, the effort to act apolitically will be understood as politicization. The explanations one then offers of one’s conduct and thinking will be interpreted as ego-driven self-justification. The steps one takes to keep the bureau out of politics in such a situation—however sincere, however open—become politicization.

The problem reminds me of Kierkegaard’s famous passage on marriage:

If you marry, you will regret it; if you do not marry, you will also regret it. . . . Laugh at the world’s follies, you will regret it; weep over them and you will also regret that. . . . . Hang yourself, you will regret it, do not hang yourself, and you will also regret that; hang yourself or do not hang yourself, you will regret both. . . . This, gentlemen, is the sum and substance of all philosophy.

That the steps designed to keep the FBI out of politics—and perceived as out of politics—will themselves be taken as political acts is not a reason not to undertake the effort. The effort itself is a sacred trust. But it is a reason to understand the inherent limits of the undertaking. Charge Hillary Clinton and you will regret it. Don’t charge her and you will regret that too. Explain your reasoning and you will regret it. Don’t explain your reasoning and you will regret it. Inform Congress of your actions immediately before an election, and you will regret that. Don’t inform Congress and you will regret that too. I don’t know if this is the sum and substance of all philosophy, but it is a good rule of thumb: The steps you take to remain apolitical will make you political.

I find that both eloquent and useful.



A notoriously testosterone-charged profession

Apr 18th, 2018 10:19 am | By

An interesting story on what the pilot had to deal with to land that crippled plane safely yesterday.

Just how masterfully Tammy Jo Shults, the pilot of the badly crippled Southwest Airlines Flight 1380, handled the problem of an engine exploding at 30,000 feet is winning admiration from thousands of her fellow pilots—and should finally help to temper the hubris of what has been a notoriously testosterone-charged profession.

Consider this: the Boeing 737’s left engine suffered a catastrophic failure when one of its fan blades—a part that looks like a pirate’s scimitar and is just as lethal when let loose—broke away, ripped through the engine casing that was supposed to contain it, and then, along with other pieces of shrapnel, tore into the skin of the airplane’s cabin.

Airplane cabins are like a pressure vessel. At 30,000 feet, where the jet was when the failure occurred, the pressure inside the cabin was far higher than in the outside air. The debris instantly punctured this pressure vessel, releasing an explosive rush of air. One cabin window was shattered and with the violent release of air, the woman seated at that window, Jennifer Rioardan, was partly sucked out, suffering injuries that were fatal.

Oxygen masks dropped, so the passengers could breathe, but they were still terrified.

The pilots’ first priority was to make a rapid descent to 10,000 feet where the difference between the outside air pressure and the cabin pressure begins to equalize. This greatly reduces the risk that other parts of the cabin structure will rupture because of the pressure stresses.

At the same time Shults was talking to controllers.

For any pilot in this situation the most difficult and urgent thing to judge is how responsive the airplane is to their commands. An airplane as crippled as this one becomes difficult to handle. With only one engine working and damage to the other causing unusual air drag, the pilot must correct for asymmetrical power and drag—the airplane naturally tends to swing away from its direct course.

The pilot had to do it herself:

the flight controls of the Southwest 737, although monitored through computers, remain as they were in the analog age, with the pilot controlling directly through a “yoke.”

And this is where Captain Shults’ background came into play. She was an ex-Navy pilot and one of the first women to fly the “Top Gun” F-18 Hornet, eventually becoming an instructor. Landing supersonic jets on the decks of aircraft carriers is one of the most demanding skills in military aviation. Now, flying on the one engine called for her to use all of her “seat of the pants” instincts to nurse the jet to the runway.

Normally a 737 on final approach would deploy its wing flaps to their full extent, to reduce landing speed to around 140 mph. But Captain Shults’ skills and experience forewarned her that an airplane flying that slowly with its flaps fully extended and with asymmetrical power could become fatally unstable in the final stage of the landing, so she used a minimal flap setting to maintain a higher speed and stability—taking the risk that the landing gear and particularly the tires could [not] survive a higher speed impact.

Captain Shults faced another problem with the speed of the landing: she could not deploy the airplane’s engine thrust reversers to help brake the speed after touchdown because of the damage to her left engine. However the touchdown was perfect and, once slowed, the jet came to rest on a taxiway where a fire crew sprayed the damaged engine with foam and put out a small fire from leaking fuel.

God damn. Imagine being on a crippled plane and coming in to land at higher than normal speed and then no engine thrust reversers. You expect the thrust reversers; they’re deployed almost as soon as the wheels touch, and they give you that nice “we are going to be able to stop before we crash into the terminal” feeling. High speed landing and no thrust reversers. [shudder]

When she announced in her senior year at high school that she wanted to be a pilot a retired colonel told her “there are no professional women pilots.” That was, apparently, a problem for her when she applied to train to be a pilot in the Air Force. They rejected her, but the Navy gave her the break—and, obviously, it was a very smart move, particularly for everyone aboard Flight 1380.

Tailhook or no Tailhook.



Party before country

Apr 18th, 2018 9:31 am | By

Jennifer Rubin at the Post on McConnell & Co’s reluctance to “poke the bear”:

Let’s cut through all this: Republicans are petrified of provoking Trump (“the bear”), whom they treat as their supervisor and not as an equal branch of government. The notion that Congress should not take out an insurance policy to head off a potential constitutional crisis when the president has repeatedly considered firing special counsel Robert S. Mueller III and Deputy Attorney General Rod J. Rosenstein defies logic. By speaking up in such fashion, McConnell is effectively tempting Trump to fire one or both of them. That will set off a firestorm and bring calls for the president’s impeachment.

Or. McConnell must be hoping, it will bring unmistakable authoritarian rule and a forced end to all this mishegoss.

At critical points during this saga, McConnell has put party over country, and fidelity to the executive branch over the concerns of an equal legislative branch. Remember, according to multiple news reports, McConnell is the one who, before the 2016 election, wanted to water down a bipartisan warning to the country about Russian interference. It was McConnell, together with Speaker of the House Paul D. Ryan (R-Wis.), who refused to set up a select committee or an independent commission to address possible Russian collusion. It was McConnell who pushed through the confirmation of Attorney General Jeff Sessions, despite ample evidence that he had not been truthful with the Senate Judiciary Committee regarding his contacts with Russians. His refusal to consider legislation that might head off a crisis is remarkably reckless.

And for what? Is he thinking this will make the Republicans stronger? If so, does he know something we don’t? Or is it just that he’s not thinking, he’s simply tribalizing.

There is no one — with the possible exceptions of Ryan and House Intelligence Committee chairman Devin Nunes (R-Calif.) — who has done more to embolden Trump. Seeing no opposition, Trump has continued his crusade to intimidate and bully the Justice Department and the FBI. As Trump has trashed one democratic norm after another, McConnell has remained silent.

Immediate advantage everything, long term consequences nothing. It’s a big gamble but by god it just might work.

Put aside the Russia investigation for a moment. McConnell hasn’t said boo about Trump’s foreign emoluments, his grotesque conflicts of interest, or the nepotism and self-enrichment that are endemic to his administration. If a Democrat [were] in the White House, McConnell would be leading the inquests into wrongdoing and cheering for impeachment.

Someone exactly like Trump couldn’t get elected as a Democrat, though, because things that are just added ornaments to Republicans would be deal-breakers for Dems. One thing Trump is doing is laying utter waste to the notion that Republicans have the lock on Morality.



What kind of damn fool cuts Mary Beard?

Apr 17th, 2018 5:53 pm | By

What a disgusting bunch of sexist philistines we are.

Professor Mary Beard has accused a US broadcaster of editing her own episodes of Civilisations to make them more anodyne, saying her on-screen appearances as a “slightly creaky old lady with long grey hair” had been cut.

Prof Beard, who hosts two episodes of Civilisations for the BBC in Britain, said the American edits of the show had seen her central arguments erased, her on-screen contributions reduced, and an episode on religion re-edited to focus more closely on Christianity.

This isn’t Fox, either, it’s goddam PBS.

Prof Beard said: “Really hope that friends in USA realise that my Civilisations episodes on PBS are very different from original BBC versions, have been drastically changed.

“The originals were far from ‘anodyne’ I promise.”

Saying the experience had left her grateful for the BBC’s treatment of Civilisations episodes, she told the Telegraph: “Whether people liked them or not, my BBC episodes were at least what I wanted to say!”

The BBC and PBS versions were made by the same production company, but the two broadcasters were each responsible for their final chosen edits.

And PBS decided to give us much less Mary Beard.

While the British version had three hosts, Prof Beard, David Olusoga and Simon Schama, lead their own programmes, the American edits see them join a number of “contributors” to each show including expert “talking heads” and narration from actor Liev Schreiber.

Ugh. I hate those expert talking heads PBS is so keen on.

Asked on Twitter why the changes were made, Prof Beard wrote: “I wish I knew .. to make it better for an American audience, people say…???? I am rather sad about it. Hope people will look at the originals when they are available.”

Questioned on whether she had approved edits, she said: “Put it this way, if that’s how I had wanted to make the programme, I would have done it that way!”

Dammit PBS.



He likes it

Apr 17th, 2018 4:34 pm | By

Trump is at his Palace of Golf with Shinzo Abe. They did a press conference. What does Trump do there?

On Tuesday, President Donald Trump used a press opportunity with Japanese President Shinzo Abe to tout Mar-a-Lago as the southern White House.

“Many of the world’s great leaders request to come to Mar-a-Lago and Palm Beach. They like it. I like it. We’re comfortable. We have great relationships as you remember,” Trump said seated on a couch next to Abe at the start of the bizarre presser at Trump’s Florida club Tuesday afternoon.

Glad we can be an advertising opportunity, Don. I guess we’d rather have you doing that than fumbling around with actual government.

https://youtu.be/4No4OBiExPA



Poking the enraged bear suffering from gout and a migraine

Apr 17th, 2018 4:01 pm | By

The lawyers are not happy.

https://twitter.com/waltshaub/status/986363806665334785

McConnell has said NO we’re not ever going to have a bill to protect the Mueller investigation, no no NO, now stop bothering him.

Senate Majority Leader Mitch McConnell on Tuesday thwarted a bipartisan effort to protect special counsel Robert Mueller’s job, saying he will not hold a floor vote on the legislation even if it is approved next week in the Senate Judiciary Committee.

McConnell said the bill is unnecessary because President Donald Trump will not fire Mueller.

That is such a grotesquely stupid excuse for a “reason.” He doesn’t know that; it’s highly unlikely to be true; Trump has planned to fire Mueller twice and been talked out of it, just barely; thinking something won’t happen is not a good reason to insure against it in any case.

It’s so stupid it’s like saying “because magic.” Where does he get off saying dogmatically that Trump will not fire Mueller? Given the hundreds of reasons Trump has given us to think that’s exactly what he’ll do? That’s like saying Trump won’t insult anyone on Twitter, or Trump will talk cogently and rationally at a meeting, or Trump cares more about the public good than about himself. What possible reason is there to be confident that Trump won’t fire Mueller?

In any case why not vote on the bill anyway? Why not just make sure?

His comments came amid widespread opposition to the bill among members of his caucus, with several GOP senators saying the bill is unconstitutional. Others said it’s simply not good politics to try and tell Trump what to do, likening the legislation to “poking the bear.”

If he’s a bear, he really shouldn’t be president. We’re not supposed to have bears as presidents. Bears are not good at presidenting. Bears will eat you.



To protect the institutions

Apr 17th, 2018 11:43 am | By

I think I’m approaching an understanding of what happened with Comey and the emails and the press conference and the letter. Basically it’s that the alternative wasn’t as much better as we (with the luxury of not living through it) may imagine. He says over and over that it was a choice between bad options. There was no good one. What would have been so bad about not saying anything when the FBI closed the investigation? The fact that Fox and Trump-fan Twitter would have been all over it like an oozing infectious skin disease.

He explains it (again) in that NPR interview.

Inskeep: Let me circle back to the Hillary Clinton case and the decisions that you made there. You mentioned it was a no-win situation. What would you say was your greatest concern when it became clear to you that that email case was going to at some point come down to a decision by you?

My greatest concern towards the end of that email investigation — it lasted about a year — towards the end was how does the Department of Justice, which includes the FBI, credibly close this investigation without charges and maximize public confidence that it was done in a just way. If it ends without charges. Because by the spring, if it continued on the same course and speed it was on, it looked to me like it was going to end without charges. And the credibility of the institution is important even in ordinary times. But all the more so when you’re investigating one of the two candidates for president of the United States. How are you able to maintain public confidence that you’re not a partisan, it’s not the Obama Justice Department trying to give a break to Hillary Clinton.

That sounds kind of abstract and conjectural if you don’t think about it much…but if you pause to think about it, and about what this whole discourse is like, you realize what he’s getting at. We would have been inundated in a crow-storm of lies…just as we were anyway. The storm of lies was going to happen no matter what…and it might have been even worse if he’d gone the other way.

Inskeep: That’s your concern. And so that I guess was behind your decision to make a public statement about the case. Just so the people understand, how would you have closed that case in the ordinary way? Suppose it was an ordinary investigation, you weren’t concerned about perceptions of the FBI or the Justice Department, what would the FBI normally have done at the end of this case?

In the ordinary case, we would most likely in writing prepare some sort of summary of what our investigation had determined and then send it over to the Justice Department, and they would in the ordinary case either say nothing, which is the most common case, or at most issue a letter to the target saying, or the subject saying it’s over, or some minimal statement about it.

Inskeep: So you decided to take another path, and decided independently of the attorney general to take another path, to speak in public about it.

That’s right. By the end of — by the beginning of July I made a decision that to protect the institutions — both the justice institutions, both the Justice Department and the FBI — the least bad alternative was to announce — the attorney general having said she would accept my recommendation rather than recuse herself — announce that recommendation and show transparency to the American people, to try to show them this was done in an independent, honest and competent way, rather than just do it in the normal fashion and just send it over to Justice.

In other words, if I understand this correctly, if they’d done it the normal way, the loonies would have screamed that the fix was in, it was a cover-up, it was corrupt, the FBI was a Democratic stooge (except they would have said Democrat stooge).

Inskeep: Here’s the thing that’s on my mind, director. You were hoping to demonstrate that the FBI was above political influence. Did you, in your course of action actually allow yourself to be politically influenced? Because you write first that you were concerned about criticism — essentially conspiracy theorizing — about the FBI, from Republicans that President Obama’s candidate for president would be cut a break. Later on you talk about this meeting between the Attorney General Loretta Lynch and former President Clinton. And you say you had no thought that there was any conspiracy there, but after it became a big thing on cable TV, it changed your mind. Were you actually being influenced by cable TV pundits in what you decided to do?

But is that being politically influenced, as opposed to factually or environmentally or socially or social media-ly? Is it political to take the media / social media environment into account?

I suppose it is in a way…but that way is probably part of a director’s job.

Comey’s answer:

Yeah, that’s a reasonable question, Steve. I don’t think so, and here’s why I say that: Even if cable TV punditry had never been born and there were no such thing, there would be intense public interest in a criminal investigation of one of the two candidates for president of the United States. So even if there weren’t wings in our politics, which there always have been, but even if there wasn’t that punditry, I think it would be an intense interest in knowing that this had been done in an honest, competent, independent way. And a number of things that occurred in the lead-up to that first week in July that led me to conclude, and reasonable people can disagree about this, but led me conclude that the best way to foster that confidence of an intensely interested public was to show transparency and do it separate from the attorney general.

I think I see what he’s getting at.

On the other hand there are the law types (I forget who they are – maybe Tribe is one?) point out that what he did is exactly what prosecutors are trained never to do.

It’s thorny. I guess that’s why it won’t lie down.



This is not some tin-pot dictatorship

Apr 17th, 2018 11:04 am | By

Comey does an interview with NPR, in which he points out that it’s not normal for a president to be ranting in public that private citizens should be in jail.

“This is not some tin-pot dictatorship where the leader of the country gets to say, ‘The people I don’t like go to jail,’” Comey told NPR in the latest in a series of interviews to promote his new book.

In tweets Sunday and Monday, Trump alleged, without citing evidence, that Comey had committed “many crimes” and deserves to be jailed for leaking classified information and lying to Congress — allegations Comey denies.

Also, allegations that are ironic coming from Trump, who is not the most law-abiding president we’ve ever had.

“The president of the United States just said that a private citizen should be jailed,” Comey said. “And I think the reaction of most of us was, ‘Meh, that’s another one of those things.’ This is not normal. This is not okay. There’s a danger that we will become numb to it, and we will stop noticing the threats to our norms.”

That wasn’t my reaction. I never think Trump’s rants are just another one of those things or normal or okay.

The White House and Republican National Committee have launched a widespread campaign to undermine Comey’s credibility as he conducts a media blitz to promote his book, “A Higher Loyalty: Truth, Lies, and Leadership,” which is set to be released Tuesday.

Trump has tweeted more than a half-dozen times about Comey in recent days, including a retweet Monday night of a post promoting a new RNC website that refers to “Lyin’ Comey.”

Not normal. Not normal at all. Very very far from normal.



Sean Hannity reminds you

Apr 17th, 2018 10:49 am | By

Nice little free verse poem here:

Sean Hannity reminds you:
Michael Cohen wasn’t his lawyer
But he still expects attorney-client privilege.
And he has nothing to hide
But he ordered MC not to reveal him.
And He defended MC all week
But now MC’s a liar.
And that’s why Hillary Clinton must be stopped.

QED.



Such unworthy vessels

Apr 17th, 2018 10:35 am | By

Glosswitch looks askance at the breeding stock view of women.

Pregnancy and childbirth – where would we be without them? Essential to the continuation of our very species, everyday phenomena don’t get more miraculous. It’s a pity they’re entrusted to such unworthy vessels.

It works out ok if you think of it as a purely mechanical process, which can be easily replicated by any decent engineer. Of course if you do that you may have trouble tracking down that decent engineer and finding any women willing to perform the purely mechanical process. It’s been a human tragedy all along, that women are such garbage yet nobody can have any babies without them.

Just look at the evidence: if the class of humans responsible for bringing forth new life aren’t too old, they’re too young. If they’re not too stressed, they’re too lazy. If they’re not getting distracted by book-learning, they’re leaving it too late to get themselves impregnated at all. If only this all-important job had been left to someone responsible (like, say, a man).

Or a decent engineer.

A headline in today’s Metro tells us that “British women are ‘woefully unprepared for pregnancy’ because they’re so unhealthy”. The article states, “large numbers of young women smoke, drink too much alcohol, are overweight or obese, and consume inadequate amounts of fruits and vegetables”.

Oh dear, what could be done about that…I know! Put them all under house arrest, and monitor their intake.

Image result for handmaid's tale



A brick to the teeth

Apr 17th, 2018 10:10 am | By

Strange times.

https://youtu.be/zNGTtqGG1Lk

The lyrics are helpfully provided.

Its not hard to use the right words
When your talking to people
And you know the ones the prefer
Its not that complicated
To use respectful language
Its the least you can do
if you don’t it shows the truth
About you and your loyalty
To the patriarchy
Your false feminism
Hides your misogyny

Terfs are trash
We won’t stand for trans exclusionary feminism
Theres nothing radical about traditional gender binaries

If you intentionally
misgender anybody
Your a sexist piece of trash
That deserves a brick to the teeth
Equality is for everybody
You gotta lot of nerve
coming round with that
Swerf talk terf talk
Gonna get that sidewalk
curb stomp



She was just kidding

Apr 16th, 2018 4:12 pm | By

I’m sure this is not at all sinister. Haley says there will be sanctions on Russia and Trump says nope there won’t.

Preparations to punish Russia anew for its support of Syrian President Bashar al-Assad’s government over an alleged chemical weapons attack in Syria caused consternation at the White House. Haley had said on CBS News’s “Face the Nation” that sanctions on Russian companies behind the equipment related to Assad’s alleged chemical weapons attack would be announced Monday by Treasury Secretary Steven Mnuchin.

But Trump conferred with his national security advisers later Sunday and told them he was upset the sanctions were being officially rolled out because he was not yet comfortable executing them, according to several people familiar with the plan.

Because…? Because Volodya has him by the short hairs? Because he loves Putin and Russia just that much? Because he wants to build Trump Hotels all over Russia?

Administration officials said Monday it was unlikely Trump would approve any additional sanctions without another triggering event by Russia, describing the strategy as being in a holding pattern.

Sometime after Haley’s comments on CBS, the Trump administration notified the Russian Embassy in Washington that the sanctions were not in fact coming, a Russian Foreign Ministry official said Monday.

And sent them a huge box of chocolates.



Compromised

Apr 16th, 2018 3:54 pm | By

Erik Wemple at the Post says yes, it is sleazy for Hannity to be entangled with Cohen and Trump.

To understand from whom Hannity seeks legal advice, consider what Cohen once told a reporter who was preparing a hard-hitting story during the campaign on Trump and ex-wife Ivana Trump:

“I will make sure that you and I meet one day while we’re in the courthouse. And I will take you for every penny you still don’t have. And I will come after your Daily Beast and everybody else that you possibly know,” Cohen said. “So I’m warning you, tread very f[–––]ing lightly, because what I’m going to do to you is going to be f[–––]ing disgusting. You understand me?”

“You write a story that has Mr. Trump’s name in it, with the word ‘rape,’ and I’m going to mess your life up… for as long as you’re on this frickin’ planet… you’re going to have judgments against you, so much money, you’ll never know how to get out from underneath it,” he added.

Cohen also masterminded hush payments to women who’d allegedly had affairs with Trump. Meaning: His expertise lies in intimidation and the like.

So not so much a lawyer as an arm-breaker.

Whatever its nature, the association raises more questions about Hannity’s role at Fox News than can be addressed right here and now. Surely he and his backers will leap to the common defense that Hannity doesn’t claim to be a journalist and is thus not bound by the usual ethical considerations of the profession. Yet somehow, the “Fox News” logo remains in place during Hannity’s broadcasts:

“News” organizations employ journalists.

Whether formal or informal, the apparent legal relationship between Cohen and Hannity raises obvious issues. Would Hannity be able to report on wrongdoing by Cohen? Would he be able to report on advice from Cohen that led the president astray? Would he be able to report fairly on the actions of the Trump Organization?

Of course not. The relationship merely reduces whatever independence Hannity had preserved from his buddies in Trump World — which, as we already know, was pea-size to begin with. As reported by this blog, Hannity during the presidential election actually participated in a video promotion for the Trump campaign. He paid for a vice presidential candidate to be flown to an interview in Indiana. And he provided advice in his numerous phone chats with the president and his people.

So, it’s possible that this Cohen news is moot from an ethical perspective: Hannity is way too compromised to compromise himself further. With each revelation, though, it’s clear that Hannity’s programming is driven more by personal ties and loyalties than by whatever principles he may retain at this point.

Which is very Trump-like, and what Comey wrote a book to say is the wrong way to go.

“If he only defends Trump as a matter of opinion, that’s what editorial writers do,” says Stephen Gillers, a professor of legal ethics at NYU School of Law and author of the forthcoming “The Press under Fire: Protecting the Future of Investigative Reporting.” “If his opinion can be or seem to be influenced by an allegiance to Trump or Cohen, then he’s crossing a line.” Having long ago obliterated that line, though, Hannity can no longer see it.

Or he doesn’t care about it and never did.



Gasps in court

Apr 16th, 2018 3:24 pm | By

You couldn’t make it up.

Lawyers for Mr. Cohen, the president’s longtime personal lawyer and fixer, had sought to keep the identity of one of Mr. Cohen’s clients a secret in a court challenge of an F.B.I. search of Mr. Cohen’s office.

And the mystery client izzzzzzzzzzz

Sean Hannity.

[A]fter several minutes of back and forth between the government and Mr. Cohen’s lawyers, Kimba M. Wood, a judge for the United States District Court for the Southern District of New York, ordered that Mr. Cohen’s lawyer, Stephen Ryan, disclose in open court the name of a client in question, who turned out to be Mr. Hannity.

Before Mr. Hannity’s name was revealed in the courtroom, Mr. Ryan had argued that the mysterious client was a “prominent person” who wanted to keep his identity a secret because he would be “embarrassed” to be identified as a client of Mr. Cohen’s.

I didn’t know Sean Hannity could be embarrassed.

Robert D. Balin, a lawyer for various media outlets, including The New York Times, CNN and others, interrupted the proceedings to argue that embarrassment was not a sufficient legal argument to keep a client’s name secret, and Judge Wood agreed.

After Mr. Hannity was named, there were audible gasps in the courtroom.

Maybe Trump will make him Secretary of State.

Mr. Cohen is under criminal investigation by the United States attorney’s office in Manhattan. The F.B.I. raided Mr. Cohen’s office, home and hotel room on April 9, seizing business records, emails and documents related to several topics.

Without disclosing his relationship with Mr. Cohen, Mr. Hannity was fiercely critical of the special counsel, Robert S. Mueller III, and the F.B.I. during the April 9 broadcast of “Hannity” on Fox News.

Ahhhhh now isn’t that dishonest.

The Fox News host has long been one of Mr. Trump’s most zealous supporters. Before a nightly audience of more than three million viewers, the biggest in cable news, Mr. Hannity has regularly defended the president and excoriated his critics.

His close relationship with Mr. Trump goes back to the fraught final days of the 2016 presidential campaign. After The Washington Post published the so-called “Access Hollywood” tape, during which Mr. Trump was captured on a hot microphone boasting in vulgar terms of “grabbing” women, Mr. Hannity continued to support the candidate at a time when many other conservative commentators had turned against him.

He continued to support a man who talks about women in the most contemptuous dismissive terms possible, as if they were so much hamburger laid out on a slab.

Last summer, Mr. Hannity dined with Mr. Trump at the White House. As recently as last month, he was a guest of the president’s at his Florida retreat, Mar-a-Lago.

Isn’t that itself kind of sleazy? Do presidents normally do that – socialize with opinionators who can influence what the public thinks of the prez? Did Obama have Maddow over for din-dins? If he’d invited her would she have gone? I think normally journalists want to keep their distance, and presidents know it wouldn’t look good. Hitchens hated the White House correspondents’ dinner because it was way too cozy.

What a sewer.



A rogue element

Apr 16th, 2018 11:53 am | By

Nate Silver points out an aspect I would love to know more about. (I don’t suppose we ever will.)

Stephanopoulos doesn’t quite pose the “why not wait?” question directly to Comey, but Comey’s thinking seems to have been influenced by concerns that pro-Trump elements within the FBI would leak word of the Weiner emails to the media.

From the transcript where they’re talking about why he sent the letter about re-opening the emails investigation:

GEORGE STEPHANOPOULOS: One of the reasons it was– you feared it was going to leak out is– ’cause you were dealing with a rogue element of FBI agents and former FBI agents up in New York who were really pushing to get this out there. Were you aware of that?

JAMES COMEY: I knew that there were leaks coming– or appeared to be leaks about criminal investigation of the Clintons coming out of New York. And I don’t know exactly where that was coming from. I commissioned an investigation to find out. I don’t know what the investigation found.

But, yeah, I was worried about– the– the team that had done the investigation was in the counterintelligence division at headquarters, of the emails. And there were no leaks at all, very tight. But the criminal folks in New York were now involved in a major way, and I don’t want to single anybody out ’cause I don’t know where it was coming from.

But there’d been enough up there that I thought there was a pretty reasonable likelihood that it would leak, and that’s what Loretta was reflecting.

GEORGE STEPHANOPOULOS: You had your– your former boss, Rudy Giuliani, out there on television saying something big was coming.

JAMES COMEY: Yes, I saw that. And I don’t know whether that was– it’s part of what I ordered investigated. I don’t know whether that was part of a leak outta the– FBI office in New York that knew about the search warrant. But that was my concern, that once you start seeking a search warrant, especially in a criminal case– counterintelligence is different.

They’re so used to operating in a classified environment. They’re much tighter. But once you start involving people whose tradition is criminal, and in New York which has a different culture, there is a reasonable likelihood it was going to get out anyway.

Rogue elements in the criminal division in the New York branch of the FBI, who were Trump fans, who were thought to be about to leak.



Another reporter falls out the window

Apr 16th, 2018 11:20 am | By

Oh gee golly I wonder what happened here: a Russian investigative journalist dies after falling from his fifth-floor flat.

Maxim Borodin was found badly injured by neighbours in Yekaterinburg and taken to hospital, where he later died.

Local officials said no suicide note was found but the incident was unlikely to be of a criminal nature.

However, a friend revealed Borodin had said his flat had been surrounded by security men a day earlier.

Total coincidence I’m sure. They were there to pick up cigarette butts.

Vyacheslav Bashkov described Borodin as a “principled, honest journalist” and said Borodin had contacted him at five o’clock in the morning on 11 April saying there was “someone with a weapon on his balcony and people in camouflage and masks on the staircase landing”.

Kids playing. Or a fashion shoot. Or people the landlord sent to touch up the paint.

In recent weeks, the journalist had written about Russian mercenaries known as the “Wagner Group” who were reportedly killed in Syria on 7 February in a confrontation with US forces.

Last week, the outgoing head of the CIA, Mike Pompeo, said that “a couple hundred” Russian mercenaries died in the clash in Deir al-Zour province. The mercenaries were apparently taking part in an attack by pro-Syrian government fighters on the headquarters of a US ally, the Syrian Democratic Forces.

Weeks later Russia admitted that several dozen Russian citizens had been either killed or wounded, but stressed they were not regular soldiers.

But it’s all just a big coincidence.