GRETA THUNBERG: AN INSPIRATIONAL LEADER FOR OUR TIMES & THE FUTURE: “She is committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to try to rapidly change our energy systems and consumption patterns.”

Carolyn Korman
Carolyn Korman
Staff Writer
The New Yorker

Carolyn Kormann writes in The New Yorker:

News Desk

The Pure Spirit of Greta Thunberg is the Perfect Antidote to Donald Trump

She is committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to try to rapidly change our energy systems and consumption patterns.

On December 3rd, Greta Thunberg, the sixteen-year-old climate activist from Sweden, completed her second transatlantic voyage, by almost entirely emissions-free sailboats, in the span of four months. Her small figure, dressed in black, stood, waving, on the bow of a catamaran, as it approached the port of Lisbon. Hundreds of people, standing onshore, cheered, welcoming her back to Europe. “I’m not travelling like this because I want everyone to do so,” she told reporters after walking off the boat onto dry land. “I’m doing this to send a message that it is impossible to live sustainably today, and that needs to change.” The scene felt both ancient and precisely of this moment, like Thunberg herself, who writes regularly in a paper journal but has mastered social-media virality, who can seem ageless and androgynous (the fierce stare) while also strikingly young and girlish (the braids), who acts with an otherworldly grace while delivering an outraged message grounded in the latest, best climate science. Her lightning-strike emergence as the planet’s hero, her capacity to inspire students around the world—all in the span of little more than a year—can seem like a prophesied story, an epic poem, a fable. Margaret Atwood (and others, including myself) have compared her to Joan of Arc—if the teen-age medieval warrior, who was burned at the stake in part for impersonating a man, had been inspired by scientific reports instead of divine voices and visions of angels. Centuries from now, we hope, people will live in a thriving, equitable civilization and tell Thunberg’s tale, too.

But it is, as Thunberg says repeatedly, precisely what we do during this century that will determine the fate of those future centuries, and what we do during the next decade that will determine the climate for the nearly two billion children alive today. They are the ones Thunberg represents, whom she is fighting for, and whom she has mobilized, since August, 2018, when she first sat outside the Swedish Parliament with a simple handwritten sign that read, in black letters, “SKOLSTREJK FOR KLIMATET.” Hundreds of thousands of students (and, gradually, their parents), in cities around the world, have followed her lead, striking from school and marching in the streets to protest for climate action. “You say you love your children above all else,” she said in her first big address, at last December’s United Nations climate talks. “And yet you are stealing their future in front of their very eyes.”

From Lisbon, Thunberg took a train to Madrid, where leaders from around the world were gathering for another round—the twenty-fifth since 1995—of U.N. climate negotiations (known as the Conference of the Parties, or COP25). The point of this year’s talks was for countries to lay the groundwork for ambitious new targets in the reduction of their greenhouse-gas emissions. By the end of 2020, according to the terms of the Paris Agreement, countries are to commit to new nationally determined contributions (N.D.C.s, in U.N.-speak) that reflect the scale of global decarbonization necessary to limit global heating to two degrees Celsius. (The current pool of N.D.C.s, which many countries are not even meeting, would lead to more than three degrees warming by century’s end.) A related issue at the talks has involved carbon markets—detailed in Article 6 of the Paris Agreement—in which one country can pay another country for its emissions reductions (the equivalent of buying a carbon credit) and then count those reductions towards its own N.D.C. Australia, Brazil, Saudi Arabia, and India have, reportedly, all been blocking text that would provide strong regulations of these kinds of markets and accounting mechanisms. Though the final text of this year’s agreement is due today, the deliberations will likely continue at least until Saturday.

Thunberg, meanwhile, has increasingly referred, in mathematical detail, to carbon budgets, or the amount of carbon dioxide that we have left to emit into the atmosphere if we want to limit global temperature rise to 1.5 degrees Celsius. In her speech to world leaders in Madrid, on Tuesday, she referred her audiences to page 108, chapter 2, of the 2018 Intergovernmental Panel on Climate Change report, and she said that, if we are to have a sixty-seven per cent chance of achieving that goal, we had, as of the first of January, 2018, four-hundred-and-twenty gigatons of carbon dioxide left in our carbon budget. That number is now much lower, considering that we emit approximately forty-two gigatons of carbon dioxide every year. This means that we have roughly eight years left to burn fossil fuels at current levels before our budget is empty. For all the efforts underway to reduce greenhouse-gas emissions, they are nowhere near enough. Global emissions again hit a record high in 2019. As Thunberg also said, in the same speech, “The biggest danger is not inaction. The real danger is when politicians and C.E.O.s are making it look like real action is happening, when in fact almost nothing is being done, apart from clever accounting and creative P.R.”

On Wednesday, Time named Thunberg the magazine’s Person of the Year. Donald Trump, who is famously obsessed with being on the cover of Time, could not stand it. He has campaigned on fossil-fuel expansion, has betrayed on numerous occasions that he does not understand what climate change is, and, on November 4th, he officially began proceedings to remove the U.S. from the Paris Agreement. (Every other country in the world remains a signatory to the pact.) On Thursday, in response to Thunberg’s news, he tweeted: “So ridiculous. Greta must work on her Anger Management problem, then go to a good old fashioned movie with a friend! Chill Greta, Chill!” Thunberg, as always, took the President’s mockery in stride, changing her Twitter bio, minutes later, to “A teenager working on her anger management problem. Currently chilling and watching a good old fashioned movie with a friend.”

This is not the first time that Thunberg has one-upped Trump’s mocking tweets. In September, she gave a historic speech with the kind of rhetorical vigor that exemplifies her gifts as an orator. “This is all wrong,” she said. “I shouldn’t be up here. I should be back in school, on the other side of the ocean. Yet you all come to us young people for hope. How dare you!” Later, Trump retweeted a video clip of her remarks, adding, “She seems like a very happy young girl looking forward to a bright and wonderful future. So nice to see!” The same day, Thunberg put the exact words in her Twitter bio: “A very happy young girl looking forward to a bright and wonderful future.”

Thunberg is Trump’s perfect foil. She is pure spirit, committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to rapidly change our energy systems and consumption patterns so that we avert climate change’s deadliest impacts and destabilizing tipping points. Thunberg is devoted to learning, writing, and understanding the world around her. She constantly lifts up other young climate leaders—especially those from indigenous and frontline communities—and begs reporters to focus on them, not her. (On Monday, she and Germany’s most prominent youth activist, Luisa Neubauer, hosted a press conference with young leaders from the Marshall Islands, the Philippines, Russia, and Uganda.) She is a gifted public speaker, not because she stirs up chaos and hate through incoherent rants, but because she speaks elegantly and intelligently, in logical, pithy, unmuddied sentences. Her rhetorical gifts are, perhaps, all the more remarkable considering that, when she was younger, she fell into a major depression concerning climate change and stopped speaking altogether for months. As she said at the start of her speech on Tuesday, “A year and a half ago, I didn’t speak to anyone unless I really had to. But then I found a reason to speak.”

Carolyn Kormann is a staff writer at The New Yorker. Read more.

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Wow! No wonder Trump and his cronies are so scared of her!

PWS

12-14-19

ERIC HOLDER, JR. @ WASHPOST: Former AG Blasts Chief Toady Billy Barr As Unfit For Office!

Eric Holder, Jr.
Eric Holder, Jr.
Former U.S. Attorney General

https://www.washingtonpost.com/opinions/eric-holder-william-barr-is-unfit-to-be-attorney-general/2019/12/11/99882092-1c55-11ea-87f7-f2e91143c60d_story.html

Opinions

Eric Holder: William Barr is unfit to be attorney general

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Attorney General William P. Barr in Washington on Tuesday. (Jacquelyn Martin/AP)

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By Eric H. Holder Jr.

Dec. 11, 2019 at 9:13 p.m. EST

Eric H. Holder Jr., a Democrat, was U.S. attorney general from 2009 to 2015.

As a former U.S. attorney general, I am reluctant to publicly criticize my successors. I respect the office and understand just how tough the job can be.

But recently, Attorney General William P. Barr has made a series of public statements and taken actions that are so plainly ideological, so nakedly partisan and so deeply inappropriate for America’s chief law enforcement official that they demand a response from someone who held the same office.

Last month, at a Federalist Society event, the attorney general delivered an ode to essentially unbridled executive power, dismissing the authority of the legislative and judicial branches — and the checks and balances at the heart of America’s constitutional order. As others have pointed out, Barr’s argument rests on a flawed view of U.S. history. To me, his attempts to vilify the president’s critics sounded more like the tactics of an unscrupulous criminal defense lawyer than a U.S. attorney general.

When, in the same speech, Barr accused “the other side” of “the systematic shredding of norms and the undermining of the rule of law,” he exposed himself as a partisan actor, not an impartial law enforcement official. Even more troubling — and telling — was a later (and little-noticed) section of his remarks, in which Barr made the outlandish suggestion that Congress cannot entrust anyone but the president himself to execute the law.

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In Barr’s view, sharing executive power with anyone “beyond the control of the president” (emphasis mine), presumably including a semi-independent Cabinet member, “contravenes the Framers’ clear intent to vest that power in a single person.” This is a stunning declaration not merely of ideology but of loyalty: to the president and his interests. It is also revealing of Barr’s own intent: to serve not at a careful remove from politics, as his office demands, but as an instrument of politics — under the direct “control” of President Trump.

Not long after Barr made that speech, he issued what seemed to be a bizarre threat to anyone who expresses insufficient respect for law enforcement, suggesting that “if communities don’t give that support and respect, they might find themselves without the police protection they need.” No one who understands — let alone truly respects — the impartial administration of justice or the role of law enforcement could ever say such a thing. It is antithetical to the most basic tenets of equality and justice, and it undermines the need for understanding between law enforcement and certain communities and flies in the face of everything the Justice Department stands for.

It’s also particularly ironic in light of the attorney general’s comments this week, in which he attacked the FBI and the Justice Department’s Office of the Inspector General — two vital components of his own department. Having spent the majority of my career in public service, I found it extraordinary to watch the nation’s chief law enforcement official claim — without offering any evidence — that the FBI acted in “bad faith” when it opened an inquiry into then-candidate Donald Trump’s campaign. As a former line prosecutor, U.S. attorney and judge, I found it alarming to hear Barr comment on an ongoing investigation, led by John Durham, the U.S. attorney in Connecticut, into the origins of the Russia probe. And as someone who spent six years in the office Barr now occupies, it was infuriating to watch him publicly undermine an independent inspector general report — based on an exhaustive review of the FBI’s conduct — using partisan talking points bearing no resemblance to the facts his own department has uncovered.

When appropriate and justified, it is the attorney general’s duty to support Justice Department components, ensure their integrity and insulate them from political pressures. His or her ultimate loyalty is not to the president personally, nor even to the executive branch, but to the people — and the Constitution — of the United States.

Career public servants at every level of the Justice Department understand this — as do leaders such as FBI Director Christopher A. Wray and Inspector General Michael Horowitz. Their fidelity to the law and their conduct under pressure are a credit to them and the institutions they serve.

Others, like Durham, are being tested by this moment. I’ve been proud to know John for at least a decade, but I was troubled by his unusual statement disputing the inspector general’s findings. Good reputations are hard-won in the legal profession, but they are fragile; anyone in Durham’s shoes would do well to remember that, in dealing with this administration, many reputations have been irrevocably lost.

This is certainly true of Barr, who was until recently a widely respected lawyer. I and many other Justice veterans were hopeful that he would serve as a responsible steward of the department and a protector of the rule of law.

Virtually since the moment he took office, though, Barr’s words and actions have been fundamentally inconsistent with his duty to the Constitution. Which is why I now fear that his conduct — running political interference for an increasingly lawless president — will wreak lasting damage.

The American people deserve an attorney general who serves their interests, leads the Justice Department with integrity and can be entrusted to pursue the facts and the law, even — and especially — when they are politically inconvenient and inconsistent with the personal interests of the president who appointed him. William Barr has proved he is incapable of serving as such an attorney general. He is unfit to lead the Justice Department.

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Predictably, there were were a few right wing apologias for Billy. That included a remarkable fictional piece by reliable rightest toady and stout defender of autocracy Hugh Hewitt, also in the Post.  https://www.washingtonpost.com/opinions/2019/12/11/barrs-focus-abuses-by-fbi-is-entirely-warranted/

Since there is neither legal nor intellectual defense for the vicious attack on our institutions by Trump & Barr, in a misguided effort to “present both sides” of an “argument” where the facts all point one way, the Post has been reduced to giving space to disingenuous right wing hacks like Hewitt.

One the flip side, keeping track of all of the cogent criticisms of Toady Billy’s attacks on America and his own Department would be a full time job. One of the best of this huge field was by a group of former GOP DOJ leadership “alums” who ripped into Barr’s total lack of integrity. https://www.law.com/nationallawjournal/2019/12/10/former-justice-dept-leaders-slam-barrs-commentary-on-inspector-generals-report/

Here’s an excerpt from that article:

Jonathan Rose, who served under the Reagan administration as the assistant attorney general in charge of the Justice Department’s Office of Legal Policy, said the inspector general’s report “rebuts in detail the AG’s charge that the FBI’s investigation of the 2016 Trump campaign was unjustified, overly intrusive, or systematically suppressed exculpatory evidence.”

“This is the first attorney general in the history of presidential impeachment proceedings to enlist as a partisan warrior on behalf of a President. It is a sad day for those of us who revere the historic commitment of the FBI and the Department of Justice to even-handed law enforcement based on truth and verifiable facts,” said Rose, who had previously served under the Nixon administration as the deputy associate attorney general.

Donald Ayer, who served as deputy attorney general under the George H.W. Bush administration, said Barr’s reaction to the inspector general’s report was reminiscent of his handling of Special Counsel Robert Mueller’s report on the Russia investigation. Ahead of the Mueller report’s release, Barr came under criticism for mischaracterizing the report’s findings.

Ayer, a former Jones Day partner who now teaches at Georgetown Law, said the inspector general’s exhaustive investigation showed that the Russia investigation was “properly initiated based on a sound factual basis, and that the allegations of ‘witch hunt’ and bias on the part of those overseeing it are without foundation.”

“Rather than focus on those critical findings which should reassure all Americans, Barr dwells entirely on the report’s further findings that some agents (who he describes as a ‘small group of now-former’ FBI employees) were guilty of misconduct in the manner in which they put forward evidence in some submissions to the [Foreign Intelligence Surveillance Act] court,” Ayer said, referring to the secretive court tasked with weighing warrant applications filed under the surveillance law.

I personally knew and worked with both Jon Rose and Don Ayer. We were all partners at Jones Day’s D.C. Office in the 1990’s. 

We also all served in Senior Executive positions in the DOJ during the Reagan Administration. I knew Don better than Jon. I believe he adjudicated a grievance case that I was handling for the “Legacy INS” during my tenure as Deputy General Counsel. My recollection is that case was one of those stemming from the massive “Attorney Reorganization” that Mike Inman and I implemented to unite all INS Attorneys under the General Counsel’s supervision as part of the “Litigation and Legal Advice Offices,” the actual forerunners of today’s Offices of Chief Counsel at DHS!

Another of those cases actually reached a U.S. District Court in Pittsburgh where I was the Government’s “star witness.”  I was found “credible” by the District Judge in his ruling in favor of INS Management. 

However, admittedly, about 20 minutes into my answer to the Assistant U.S. Attorney’s first question, the Judge interrupted and said something like: “Counsel, could you instruct your witness to stop the history lesson and just answer the question asked?” Ah, the hazards of witnesses who “know too much.”

Of course, I also served at the DOJ under Eric Holder twice: once when he was the Deputy Attorney General during the Clinton Administration and again during his tenure as Attorney General under Obama.

PWS

12-12-19

HISTORY W/ HEATHER COX RICHARDSON: Remembering Dec.7, 1941, Exposing Those Who Betray Its Legacy —“The interests of reactionary American leaders and Russian president Putin run parallel.”

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

 

December 7, 2019

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On the sunny Sunday morning of December 7, 1941, Messman Doris Miller had served breakfast aboard the U.S.S. West Virginia, stationed in Pearl Harbor, Hawaii, and was collecting laundry when the first of nine Japanese torpedoes hit the ship. In the deadly confusion, Miller reported to an officer, who told him to help move the ship’s mortally wounded captain off the bridge. Unable to move him far, Miller sheltered the captain behind the ship’s conning tower. Then another officer ordered Miller to pass ammunition to him as he started up one of the two abandoned anti-aircraft guns in front of the conning tower. Miller had not been trained to use the guns because, as a black man, his naval assignment was to serve the white officers. But while the officer was distracted, Miller began to fire one of the guns. He fired it until he ran out of ammunition. Then he helped to move injured sailors to safety before he and the other survivors abandoned the West Virginia, which sank to the bottom of Pearl Harbor.

That night, America declared war on Japan. Japan declared war on America the next day, and four days later, on December 11, 1941, Italy and Germany both declared war on America. “The powers of the steel pact, Fascist Italy and Nationalist Socialist Germany, ever closely linked, participate from today on the side of heroic Japan against the United States of America,” Italian leader Benito Mussolini said. “We shall win.” Of course they would. Mussolini and Germany’s leader, Adolf Hitler, believed the mongrel Americans had been corrupted by Jews and “Negroes,” and could never conquer their own organized military machine.

The steel pact, as Mussolini called it, was the vanguard of his new political ideology. That ideology was called fascism, and he and Hitler thought would destroy democracy once and for all.

Mussolini had been a socialist as a young man and had grown terribly frustrated at how hard it was to organize people. No matter how hard socialists tried, they seemed unable to convince ordinary people that they must rise up and take over the country’s means of production.

The efficiency of World War One inspired Mussolini. He gave up on socialism and developed a new political theory that rejected the equality that defined democracy. He came to believe that a few leaders must take a nation toward progress by directing the actions of the rest. These men must organize the people as they had been during wartime, ruthlessly suppressing all opposition and directing the economy so that business and politicians worked together. And, logically, that select group of leaders would elevate a single man, who would become an all-powerful dictator. To weld their followers into an efficient machine, they demonized opponents into an “other” that their followers could hate.

This system of government was called “fascism,” after the Latin word “fasces,” which were a bundle of sticks bound together. The idea is that each stick can be easily broken alone, but as a bundle are unbreakable. (It was a common symbol: in fact, Lincoln’s hand rests on fasces in the statue at the Lincoln Memorial.) Italy adopted fascism, and Mussolini inspired others, notably Germany’s Adolf Hitler. Those leaders came to believe that their system was the ideology of the future, and they set out to destroy the messy, inefficient democracy that stood in their way.

America fought World War Two to defend democracy from fascism. And while fascism preserved hierarchies in society, democracy called on all men as equals. Of the more than 16 million Americans who served in the war, more than 1.2 million were African American men and women, 500,000 were Latinos, and more than 550,000 Jews were part of the military. Among the many ethnic groups who fought, Native Americans served at a higher percentage than any other ethnic group—more than a third of able-bodied men from 18-50 joined the service—and among those 25,000 soldiers were the men who developed the famous “Code Talk,” based in tribal languages, that Hitler’s codebreakers never cracked.

The American president at the time, Democrat Franklin Delano Roosevelt, hammered home that the war was about the survival of democracy. Fascists insisted that they were moving their country forward fast and efficiently—claiming the trains ran on time, for example, although in reality they didn’t— but FDR constantly noted that the people in Italy and Germany were begging for food and shelter from the soldiers of democratic countries.

Ultimately, the struggle between fascism and democracy was the question of equality. Were all men really created equal, or were some born to lead the rest, whom they held subservient to their will?

Based in the principle that all men are created equal, democracy, FDR reminded Americans again and again, was the best possible government. Thanks to armies made up of men and women from all races and ethnicities—a mongrel population– the Allies won the war against fascism, and it seemed that democracy would dominate the world forever.

But as the impulse of WWII pushed Americans toward a more just and inclusive society after it, those determined not to share power warned their supporters that including people of color and women as equals in society would threaten their own liberty. Those reactionary leaders rode that fear into control of our government, and now, once again, democracy is under attack by those who believe some people are better than others.

In June 2019, Russian President Vladimir Putin said that democracy is obsolete. He believes that a few oligarchs should run the world while the rest of us do as we are told, and he is doing his best to destroy both American democracy and the international structures, like NATO, that hold it in place. The interests of reactionary American leaders and Russian president Putin run parallel. Astonishingly, that affinity has recently come out into the open. Some of our leaders are publicly echoing Putin’s propaganda, apparently willing to work with him to undermine the principles on which our nation rests so long as it means they can stay in power.

Will we permit the destruction of American democracy on our watch?

When America came under attack before, people like Doris Miller refused to let that happen. For all that American democracy still discriminated against him, it gave him room to stand up for the concept of human equality. He did so until 1943, when he laid down his life for it. Promoted to cook after the Navy sent him on a publicity tour, Miller was assigned to a new ship, the U. S. S. Liscome Bay, which was struck by a Japanese torpedo on November 24, 1943. It sank in minutes, taking two-thirds of the crew, including Miller, with it.

I hear a lot these days about how American democracy is doomed and the oligarchs will win. Maybe. But the beauty of our system is that it gives us people like Doris Miller.

Even better, it makes us people like Doris Miller.

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Who would have thought that Putinist fascism would take over such a large portion of the U.S. Government without firing a shot?

“Will we permit the destruction of American democracy on our watch?” Interesting question on which, unfortunately, the jury is still out.

Anyone who watched Ted “Out Of Cruz Control” (R-RUS) suck up to and double down on V. Putin’s & Trump’s favorite false narrative about the Ukraine on “Meet the Press” yesterday couldn’t be too optimistic for the survival of our democracy if the GOP has any say in the matter! Chuck Todd was left almost speechless by Cruz’s outright lies and  Putinist propaganda!

PWS

12-09-19 

GREG SARGENT @ WASHPOST: Trump Is No “Russian Dupe” – He & The GOP Are Knowingly Assisting Vladimir Putin In Destroying American Democracy – That’s A “Clear & Present Danger” To Our National Security!

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

https://apple.news/Abpy26RckQeKj7w0J7x8Tng

Greg writes:

You hear it constantly: President Trump is a “Russian dupe.” Republicans spreading lies about Ukrainian interference in 2016 are Vladimir Putin’s “useful idiots.” By getting Trump to adopt those lies rather than admit to Russian interference, the Russian leader has skillfully played on Trump’s “ego.”

As the impeachment inquiry heads into its next phase, such phrases will be everywhere. In a New York Times editorial that excoriates Trump and Republicans over the Ukraine lie, we get this: “In Mr. Trump, Mr. Putin found the perfect dupe to promote even the most crackpot of theories.”

It’s time for a reconsideration of this concept. We need to be much clearer on why Trump himself is doing these things — that is, on his true purpose in employing these lies to serve his own corrupt interests.

And we need to grapple with the implications of this alliance with what you might call “Putinism” in a way that doesn’t treat it as a fleetingly useful political tactic, but rather as something with serious real-world consequences.

The problem with the ‘dupe’ formulation

The occasion for this reevaluation is the devastating new House Intelligence Committee report detailing Trump’s extortion plot toward Ukraine and the Judiciary Committee’s consideration this week of whether Trump committed impeachable offenses.

On one level, the problem with the “Trump as Russian dupe” formulation is that it implicitly but dramatically downplays the severity of Trump’s corruption and the threat it poses to the country.

The new House report vividly dramatizes why Trump undertook his corrupt plot to pressure Ukrainian President Volodymyr Zelensky to do his political bidding and what that says about Trump’s intentions toward our government and democracy going forward.

For Trump, the utility of getting Zelensky to announce an investigation validating the lie that Ukraine, not Russia, interfered in 2016 wasn’t simply that it would salve his bruised ego over his need for Russian help to win.

This false narrative would also help Trump confuse the U.S. electorate with disinformation obscuring his own corrupt efforts to coordinate with and benefit from that sabotage of our political system. This in turn could facilitate benefiting from the next round of such sabotage, which he has openly invited.

In short, the report demonstrates that Trump’s profiting off Russian sabotage last time, and his efforts to extort Ukraine into helping him again, are the same story — one that will continue.

Trump was emboldened by getting away with the first installment, and when the second installment was unmasked, Trump blithely said in reporters’ faces that Ukraine — and China — absolutely should launch an investigation of potential 2020 opponent Joe Biden, his other extortive demand.

On top of this, the report demonstrates how numerous cabinet officials and extensive government resources — and the conditioning of multiple official acts — were placed at the disposal of the whole corrupt scheme.

Taken together, the report concludes, this “presents a clear and present danger that the President will continue to use the power of his office” to corrupt the next election on his own behalf, and that in so doing, Trump recognizes no legitimate “limitation.”

We now know that the lie about Ukrainian interference has been a mainstay of self-absolving Russian propaganda for years. But Trump hasn’t been duped into spreading it. He explicitly recognizes an alliance of his own interests with those of Russia in doing so (and in procuring whatever other outside help he can) in corrupting U.S. liberal democracy for his own malevolent self-interested purposes.

This has implications for impeachment. As Harvard Law School professor Noah Feldman will argue to the Judiciary Committee, impeachment binds the president to the rule of law, as a remedy against abuses of power to advance nakedly corrupt self interest.

Which leads to the bigger point.

This has broader consequences

The Post reports that much of the GOP has now adopted the false narrative about Ukraine, in league with Trump. But many quoted ask too narrow a question: Whether this means the GOP is dropping its previously “hawkish” posture toward Russia.

It’s worth asking whether something more consequential is happening.

A broader approach was suggested to me by foreign policy scholar David Rothkopf, who argues that we should think about “Putinism” as a “worldwide movement” that allies various ethno-nationalist and illiberal authoritarian leaders against Western liberal democracy, the rule of law, international institutions and the commitment to empiricism in the face of disinformation.

“Trump, his administration and the GOP have made a conscious choice to align themselves with Putinism,” Rothkopf told me. “It is not unwitting.”

It’s not easy to say how committed Trump is to these tendencies. He yearns to operate more fully as other illiberal authoritarians do. But for all his bluster about our current alliances, it’s unclear how much damage he will do to them in the long run.

Still, it’s obvious that Trump — and, increasingly, many of his GOP defenders — are to some untold degree operating in sync with Putinism and are acting against the interests of our liberal democracy.

This also has ramifications for Democrats. The Post piece reports that some strategists “see a possible opening” for the eventual nominee to win over “hawkish Republicans and independents who are wary of the Republican drift on Russia.”

But Democrats need to go bigger. As Democratic strategist Simon Rosenberg suggested to me, party leaders must argue that the GOP’s “embrace of the Ukraine fiction” is not merely a matter of domestic political expediency. Rather, it’s time to ask whether we’re seeing the beginnings of a “realignment” with this global right wing movement against the values and even the interests of “the United States and the West.”

“Democrats must step up here and explain to the country the gravity of the moment,” Rosenberg says.

Trump’s degradations have forced us to grapple with the correct language to describe the moment in all kinds of ways. It’s time to do away with the “dupe” formulation as well.

Greg Sargent writes The Plum Line blog. He joined The Post in 2010, after stints at Talking Points Memo, New York Magazine and the New York Observer.

 

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Yup!

 

PWS

12-05-19

 

 

 

SUPER STOOGE: Sen. John N. Kennedy (R-LA) Doubles Down On Putin’s False Ukraine Narrative On “Meet The Press” — Chuck Todd Incredulous At Trump Sycophant Senator’s Pressing Debunked Claim!

Felicia Sonmez
Felicia Sonmez
National Political Reporter
WAshington Post

https://www.washingtonpost.com/politics/sen-kennedy-says-both-ukraine-and-russia-interfered-in-2016-election-despite-intelligence-communitys-assessment/2019/12/01/09652dd8-1459-11ea-9110-3b34ce1d92b1_story.html

By Felicia Sonmez @ WashPost:

Sen. John Neely Kennedy (R-La.) said Sunday that both Russia and Ukraine interfered in the 2016 presidential election, despite the intelligence community’s assessment that only Russia did so.

The comments mark Kennedy’s latest attempt to shift the focus away from the U.S. intelligence community’s conclusion that Russia worked to help elect President Trump, following a Fox News Channel interview last week from which he later backtracked.

They also come as Democrats press forward with their impeachment inquiry into Trump, with the House Intelligence Committee expected to meet Tuesday to approve the release of a report on its findings on Trump’s dealings with Ukraine.

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Meet the Press

@MeetThePress

WATCH: @ChuckTodd asks @SenJohnKennedy if he is “at all concerned that he has been duped” into believing that former Ukraine president worked for the Clinton campaign in 2016 #MTP #IfItsSunday@SenJohnKennedy: “No, just read the articles.”

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Asked about conservative columnist Michael Gerson’s criticism of his incorrect claim to Fox that Ukraine, not Russia, might have been behind the hacking of Democratic National Committee emails in 2016, Kennedy said he disagrees with the suggestion that he’s turning a blind eye to the truth.

“I think both Russia and Ukraine meddled in the 2016 election,” Kennedy told host Chuck Todd on NBC News’s “Meet the Press” on Sunday.

Todd pressed Kennedy on whether he was concerned that he had been “duped” by Russian propaganda, noting reports that U.S. intelligence officials recently briefed senators that “this is a Russian intelligence propaganda campaign in order to get people like you to say these things about Ukraine.”

Kennedy responded that he had received no such warning.

“I wasn’t briefed. Dr. Hill is entitled to her opinion,” Kennedy said, referring to former National Security Council Russia adviser Fiona Hill, who testified in the impeachment inquiry last month.

In her public testimony, Hill warned that several Trump allies had spread unfounded allegations that Ukraine, rather than Russia, had interfered in the 2016 U.S. presidential election.

“This is a fictional narrative that has been perpetrated and propagated by the Russian security services,” she said.

Kennedy argued Sunday that Ukraine’s efforts to interfere in the 2016 campaign have been “very well-documented,” citing reporting by the Economist, the Financial Times, the Washington Examiner and others.

“Does that mean that Ukrainian, the Ukrainian leaders were more aggressive than Russia? No. Russia was very aggressive and they’re much more sophisticated. But the fact that Russia was so aggressive does not exclude the fact that President Poroshenko actively worked for Secretary Clinton,” Kennedy said, referring to former Ukrainian president Petro Poroshenko.

Despite Kennedy’s claim, there is no evidence that the Ukrainian government engaged in a large-scale effort to aid Democratic nominee Hillary Clinton in 2016.

Todd responded to the Louisiana Republican’s remarks with disbelief.

“I mean, my goodness, wait a minute, Senator Kennedy,” he said. “You now have the president of Ukraine saying he actively worked for the Democratic nominee for president. I mean, now come on.”

Todd then displayed a photo of Russian President Vladi­mir Putin and the text of remarks Putin made at a “Russia Calling!” economic forum in Moscow on Nov. 20. At the event, Putin expressed pleasure that talk of interference in the 2016 U.S. election has shifted away from Russia and to Ukraine during the impeachment hearings.

“Thank God,” Putin said. “No one is accusing us of interfering in the United States elections anymore. Now they’re accusing Ukraine. We’ll let them deal with that themselves.”

Todd then pressed Kennedy: “You realize the only other person selling this argument outside the United States is this man, Vladimir Putin. … You have done exactly what the Russian operation is trying to get American politicians to do. Are you at all concerned that you’ve been duped?”

“No, because you — just read the articles,” Kennedy replied.

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This article illustrates a continuing problem: you can’t have a real discussion or dialogue about impeachment with any Republican because they just keep repeating the Putin/Trump “party line” of demonstrable lies.  

One of the reports cited by Kennedy, a 2017 Politico article, has since been largely debunked:

After the Politico report came out, other media outlets went to work examining the allegations and found there wasn’t anything to them. The Washington Post reported in July 2017:

“While the Politico story does detail apparent willingness among embassy staffers to help Chalupa and also more broadly documents ways in which Ukrainian officials appeared to prefer Clinton’s candidacy, what’s missing is evidence of a concerted effort driven by Kiev.

U.S. intelligence agencies believe that Russian President Vladimir Putin personally directed his intelligence agencies to hack into and release private information from the Democratic National Committee and the Clinton campaign. That effort included hackers from two different intelligence agencies which spent months inside the DNC network before releasing thousands of pages of documents to the public.

…“

By contrast, Politico’s report details the work of one person who was researching Manafort with help from inside the Ukrainian Embassy and who, at some undetermined point, provided info to the Clinton campaign, though she worked for the DNC as a consultant until shortly before the party conventions. That, coupled with the Manafort ledger revelation, is the full scope of the Ukrainian plot that’s been revealed. A weak link to the Ukrainians and a weaker link to the Clinton campaign.

On the July 17, 2017, edition of CNN’s New Day, David Stern, co-author of the original Politico article, said the questions about the involvement of some Ukrainian elements were not equivalent to the many stories about Russian government actions in 2016.

From the July 17, 2017, edition of CNN’s New Day:

“But when you dig down into the details, they’re very, very different,” Stern said, “and it’s important to note the difference there. Now, we said in our article … that we don’t have, as far as we can see, the type of top-down and wide, broad attack on the American election that was being alleged.”

https://www.mediamatters.org/trump-impeachment-inquiry/right-wing-media-wrongly-cite-politico-revive-trumps-ukraine-conspiracy

So, between the credible testimony of Dr. Fiona Hill, supported by the U.S. intelligence community, and a debunked report from Politico and others, Kennedy chooses to believe the latter over the former. Go figure! No doubt Putin is thinking “useful idiot” whenever he sees Kennedy peddle his Kremlin propaganda on TV.

There was a time long ago when the GOP would have been all over any politician helping Russia undermine America’s electoral process and national security. No longer. Now the GOP is the “Party of Putin,” actively working to destroy our nation.

In that respect, you should check out this article today from Post “Fact-Checker” Glenn Kessler: “Not enough Pinocchios for Trump’s CrowdStrike obsession” https://www.washingtonpost.com/politics/2019/12/02/not-enough-pinocchios-trumps-crowdstrike-obsession/.

Once, folks would have been aghast at an American President spreading Putin’s false narratives. Now, it “just another day in the Oval Office.” Just one of the many ways in which Trump has demeaned our nation and our political processes. And, it doesn’t even “move the needle” among Trump’s supporters who have abandoned our country and our national interests. 

PWS

12-02-19                 

MICHAEL GERSON @ WASHPOST: THE “TRULY TRUMPIAN MEN” SYMBOLIZE THE GOP’S DESCENT INTO WHITE NATIONALISM AND DISHONESTY:  “Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/stephen-miller-and-jim-jordan-give-us-a-taste-of-the-truly-trumpian-man/2019/11/14/e187e8b8-0725-11ea-b17d-8b867891d39d_story.html

Across the years of a presidential administration, the churn of politics and policy brings certain men and women to the top of U.S. politics. The past few days have demonstrated the paths to preferment and influence in the Trump years.

First is the case of Stephen Miller, a senior adviser to President Trump and the administration’s unofficial liaison to the alt-right world.

Miller is best known as the prime mover behind the Muslim travel ban and the main opponent of any political compromise involving compassion for Dream Act “dreamers.” Now, with the release of a trove of emails sent to Breitbart writers and editors in 2015 and 2016 (soon before Miller became a Trump administration official), we get a glimpse of Miller’s inspirations and motivations. In response to the massacre of nine black churchgoers by a white nationalist in 2015, Miller was offended that Amazon removed merchandise featuring the Confederate flag and was concerned about the vandalization of Confederate monuments. Miller encouraged attention at Breitbart to a “white genocide”-themed novel, featuring sexualized violence by refugees. He focused on crime and terrorism by nonwhites as the basis for draconian immigration restrictions. He complained about the “ridiculous statue of liberty myth” and mocked the “national religion” of “diversity.” He recommended and forwarded stories from a range of alt-right sources.

All this is evidence of a man marinated in prejudice. In most presidential administrations, a person with such opinions would be shown the White House exit. But most of Miller’s views — tenderness for the Confederacy, the exaggerated fear of interracial crime, the targeting of refugees for calumny and contempt — have been embraced publicly by the president. Trump could not fire his alt-right alter ego without indicting himself. Miller is safe in the shelter of his boss’s bigotry.

Second, there is Rep. Jim Jordan (R-Ohio), the tireless, tendentious, often bellowing chief defender of Trump during the impeachment hearings.

Jordan is not, of course, alone in his heroic sycophancy. GOP Reps. Devin Nunes (Calif.), Mark Meadows (N.C.) and others try to equal him. Together they update Alexander Pope: Fools rush in where Mick Mulvaney and Rudy Giuliani fear to tread.

But Jordan has mastered the art of talking utter rubbish in tones of utter conviction. His version of the events at the heart of the impeachment inquiry? Rather than committing corruption, Trump was fighting corruption. Military assistance was suspended, in Jordan’s telling, while the president was deciding whether Ukrainian President Volodymyr Zelensky was “legit” in his determination to oppose corruption. When Trump found that Zelensky was the “real deal,” the aid was released.

This is a bold but flimsy lie, of the type Trump has made common. Why, in this scenario, would Trump try to secure specific commitments from Zelensky to investigate former vice president Joe Biden and his son Hunter, and to examine Trump’s conspiracy theory about Ukrainian influence in the 2016 election? Are we supposed to believe that Trump employed these as random, theoretical examples of corruption that a worthy, crime-fighting leader would root out? And was the release of U.S. aid just two days after Congress was notified about the whistleblower report a coincidence as well?

Jordan asks us not to accept additional facts but to live in a substitute reality. Almost everyone who participated in these events — both professional staff and political appointees — has affirmed that Trump was employing leverage to secure his political objectives. It is the plain meaning of the reconstructed transcript of Trump’s call to Zelensky.

But none of this matters to Jordan or his colleagues. Consistency and coherence are beside the point. Their objective is not to convince the country; it is to maintain and motivate the base, and thus avoid Trump’s conviction in the Senate. The purpose is not to offer and answer arguments but to give partisans an alternative narrative. And the measure of Jordan’s success is not even the political health of his party (which is suffering from its association with Trump); it is the demonstrated fidelity to a single man.

The elevation of Trump to the presidency has given prominence to a certain kind of follower and permission for a certain set of social values. Bolsheviks once talked of creating the New Socialist Man. Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

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Let’s hear that again:

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

Yup!

This also confirms what we already knew about Miller’s “role model,” his former boss and White Nationalist nativist “mentor’ Jeff  “Gonzo Apocalypto” Sessions. He’s someone who should have been disowned by the GOP ages ago and who has demonstrated “beyond a reasonable doubt” his total unfitness too hold public office!

PWS

11-15-19

THE RETAINER:  How Billy Barr Betrays America To Protect Trump!

Emily Bazelon
Emily Bazelon
Staff Writer
NY Times

https://www.nytimes.com/interactive/2019/10/26/opinion/william-barr-trump.html

By Emily Bazelon in the NYT:

William Barr had returned to private life after his first stint as attorney general when he sat down to write an article for The Catholic Lawyer. It was 1995, and Mr. Barr saw an urgent threat to religion generally and to Catholicism, his faith, specifically. The danger came from the rise of “moral relativism,” in Mr. Barr’s view. “There are no objective standards of right and wrong,” he wrote. “Everyone writes their own rule book.”

And so, at first, it seemed surprising that Mr. Barr, now 69, would return after 26 years to the job of attorney general, to serve Donald Trump, the moral relativist in chief, who writes and rewrites the rule book at whim.

But a close reading of his speeches and writings shows that, for decades, he has taken a maximalist, Trumpian view of presidential power that critics have called the “imperial executive.” He was a match, all along, for a president under siege. “He alone is the executive branch,” Mr. Barr wrote of whoever occupies the Oval Office, in a memo to the Justice Department in 2018, before he returned.

pastedGraphic.png

William Barr in Senator Mitch McConnell’s office in January before hearings on his nomination to be attorney general.

Erin Schaff for The New York Times

Now, with news reports that his review into the origins of the Russian investigation that so enraged Mr. Trump has turned into a full-blown criminal investigation, Mr. Barr is arousing fears that he is using the enormous power of the Justice Department to help the president politically, subverting the independence of the nation’s top law enforcement agency in the process.

Why is he giving the benefit of his reputation, earned over many years in Washington, to this president? His Catholic Lawyer article suggests an answer to that question. The threat of moral relativism he saw then came when “secularists used law as a weapon.” Mr. Barr cited rules that compel landlords to rent to unmarried couples or require universities to treat “homosexual activist groups like any other student group.” He reprised the theme in a speech at Notre Dame this month.

. . . .

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Read the rest of Emily’s article at the link.

Like most bigoted theocrats, including his nominally Methodist predecessor Sessions, Barr “cherry picks” religious teachings. Barr’s White Nationalist cruelty and intolerance, particularly against migrants, the most vulnerable among us, flies directly in the face of Catholic social justice teachings.

Sessions planned to turn the DOJ into a “White Nationalist Law Firm,” targeting migrants, the LGBTQ community, African Americans, women, and lawyers, among others. Sure, he refused to violate ethics by quashing the investigation of Trump. But, that’s more a case of protecting himself than it is a courageous stand against Trump.

Barr has continued the assault on Due Process and the American justice system, while also adding the dimension of misrepresenting the Mueller investigation and ignoring ethics to protect Trump.

PWS

10-30-19

MAX BOOT @ WASHPOST: Trump’s Not the Only Grossly Corrupt Public Official – The “Sleazy Three,” Pence, Pompeo, & Barr, Have Also Betrayed Our Nation & Should Go Down!

Max Boot
Max Boot
Columnist
Washington Post

https://www.washingtonpost.com/opinions/2019/10/09/pence-pompeo-barr-deserve-be-impeached-too/

President Trump has no one but himself to blame for the fact that he is on the verge of being impeached. He recognizes no legal or moral limits on his “absolute right” to do whatever he pleases — including pressuring a foreign country to intervene in U.S. politics on his behalf. But his most senior aides have done him no favors by acting as accelerators rather than brakes on his unconscionable conduct.

Three senior officials, in particular, could have tried to dissuade the president from misusing his office for personal gain, but there is no evidence that they ever attempted to do so. History will record their names along with Trump’s in the annals of ignominy. The president’s principal accomplices in his brazen assault on the rule of law are Vice President Pence, Secretary of State Mike Pompeo, and Attorney General William P. Barr.

Pence has been Trump’s most prominent proxy in his attempts to pressure Ukrainian President Volodymyr Zelensky to cough up dirt on Democratic presidential candidate Joe Biden and to absolve Russia of hacking the 2016 election. Trump told Pence not to attend Zelensky’s inauguration in May so as to turn the screws on the Ukrainian president. When they finally met in Warsaw on Sept. 1, Pence again pressured Zelensky to take action on “corruption,” a code word for investigating Biden and the former vice president’s son Hunter.

Pence has adopted the Sergeant Schultz defense: I know nothing! His protestations of innocence are unconvincing, given that the president’s lawyer, Rudolph W. Giuliani, publicly proclaimed his desire to get dirt on the Bidens from Ukraine. Moreover, Pence’s national security adviser listened in on the now-infamous July 25 call between Trump and Zelensky that another participant described as “crazy” and “frightening.” Pence himself was given a readout of the call, yet he claims to have seen nothing wrong and is still sticking to the discredited cover story that Trump was pursuing a legitimate investigation of corruption. Pence will be saved from being remembered as the worst vice president in history only because Spiro Agnew had to resign after being charged with tax evasion and bribery.

Pompeo is now officially the worst secretary of state in history — wresting that uncoveted title from his predecessor, Rex Tillerson. As former secretary of state Colin Powell notes, “Our foreign policy is a shambles right now,” and Pompeo bears part of the blame for failing to stand up to Trump. He did not offer his resignation when the president proclaimed himself “in love” with the dictator of North Korea or when he abandoned the United States’ Kurdish allies. Pompeo subordinates the United States’ national interest to his own political interests; he is said to be interested in succeeding Trump.

Pompeo was fully aware of how unlawful Trump was acting — he was also on the July 25 call, though he pretended during interviews that he had no idea what had transpired. There is no evidence he did anything to stop Trump. Instead, he has endorsed the crazy conspiracy theory that it was the Ukrainians, not the Russians, who interfered in the 2016 election. Pompeo is now leading Trump’s coverup: He has refused to allow State Department employees to testify to Congress, denouncing Congress’s request as “an attempt to intimidate” and “bully” the career professionals. If anyone is bullying Foreign Service officers, it is Trump; witness the president’s firing of a respected ambassador in Ukraine because she wouldn’t help Giuliani frame Biden. Pompeo stood by as this happened.

No wonder State Department employees are so disgusted and demoralized. “The mood is low and getting lower,” Thomas Pickering, a distinguished former ambassador, told the New York Times.

But wait. If you think that’s bad, Barr says “hold my beer.” The attorney general has already misled the country about the findings of special counsel Robert S. Mueller III’s investigation by falsely claiming that the president had been absolved of collusion and obstruction of justice. Barr then refused to investigate complaints that a crime had been committed during Trump’s call with Zelensky. Now, he is flying around the world to pressure allies to cooperate with his politically motivated probe designed to show that the investigation of Trump’s ties to Russia was actually a “witch hunt” by the so-called deep state — just as Trump claims. Barr’s highly improper requests have stirred a backlash in Italy, Australia and Britain — close allies that have no desire to be thrust into U.S. domestic politics.

By waging war on the dedicated professionals in his own department at the behest of a law-breaking president, Barr is ensuring that he will be remembered as the worst attorney general ever. He has even eclipsed in awfulness his immediate predecessor, acting attorney general Matthew Whitaker, a political hack who was previously a hawker of toilets for “well-endowed” men.

Impeaching Pence, Pompeo and Barr would be an unneeded distraction from the necessary impeachment of their boss but, on the merits, all three richly deserve to join Trump in the dock. They have betrayed the country and their oaths of office. They have even failed Trump by not acting to save the worst person ever to occupy the White House from his worst instincts.

 

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Yup. Public service doesn’t get any worse than this, although “Big Mac” could easily be included (and Stephen Miller, but he’d be part of the “Trump package.”) Unlikely to happen, of course. But, it should!

 

PWS

 

10-09-19

 

 

UNHINGED SEN. RON JOHNSON (R-WI) ON MEET THE PRESS TODAY SHOWS WHY THE GOP IS THOROUGHLY UN-AMERICAN — You Can’t Discuss Facts With A Disingenuous Idiot! — GOP Encourages Most Corrupt President In History To Solicit Foreign Interference With Our Elections!

https://www.nbcnews.com/meet-the-press/video/full-johnson-interview-gop-attacks-press-over-trump-s-ukraine-actions-70723653963

Check it out at NBC News. Johnson obviously thinks the American people are even more stupid and dishonest than he is. The corrupt GOP is bringing down our country. Johnson is a coward, afraid to speak truth about a fraudulent President and his anti-American regime! Johnson’s attack on the press was also dishonest and totally out of line.

Here’s more on the Johnson meltdown. https://www.thedailybeast.com/gop-sen-ron-johnson-loses-it-on-meet-the-press-i-do-not-trust-the-fbi-or-cia

 

PWS

10-06-19

HOW CORRUPT? — Billy “The Smirking Sycophant” Barr Aiming To Overtake “Gonzo Apocalypto” Sessions & “John The Con” Mitchell As Most Lawless & Corrupt AG In My Lifetime! — Federal Courts Share Blame For Deterioration Of Ethical Standards! — Judicial Complicity Has Real Life Consequences!

Michelle Goldberg
Michelle Goldberg
Opinion Writer
NY Times

https://www.nytimes.com/interactive/2019/09/26/opinion/trump-william-barr.html

Michelle Goldberg writes in the NY Times:

Just How Corrupt Is Bill Barr?

By Michelle Goldberg

Opinion Columnist

SEPT. 26, 2019

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By now you have probably read the opening of the whistle-blower complaint filed by a member of the intelligence community accusing Donald Trump of manipulating American foreign policy for political gain. But the whistle-blower’s stark, straightforward account of stupefying treachery deserves to be repeated as often as possible.

“In the course of my official duties, I have received information from multiple U.S. government officials that the president of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election,” the whistle-blower wrote. “This interference includes, among other things, pressuring a foreign country to investigate one of the president’s main domestic political rivals. The president’s personal lawyer, Mr. Rudolph Giuliani, is a central figure in this effort. Attorney General Barr appears to be involved as well.”

. . . . The whistle-blower’s complaint was deemed credible and urgent by Michael Atkinson, Trump’s own intelligence community inspector general, but Bill Barr’s Justice Department suppressed it. The Justice Department’s Office of Legal Counsel issued an opinion saying that the complaint needn’t be turned over to Congress, as the whistle-blower statute instructs. When Atkinson made a criminal referral to the Justice Department, it reportedly didn’t even open an investigation. And all the time, Barr was named in the complaint that his office was covering up.

Under any conceivable ethical standard, Barr should have recused himself. But ethical standards, perhaps needless to say, mean nothing in this administration.

In the Ukraine scandal, evidence of comprehensive corruption goes far beyond Trump. Former prosecutors have said that Rudy Giuliani, Trump’s personal attorney, may have been part of a criminal conspiracy when he pressed Ukrainian officials to open an investigation into Joe Biden and his son, Hunter. Vice President Mike Pence is also tied to the shakedown of Ukraine’s president, Volodymyr Zelensky, having met with him this month to talk about “corruption” and American financial aid. When this administration complains about Ukrainian “corruption,” it almost inevitably means a failure to corruptly pursue investigations that would bolster conspiracy theories benefiting Trump.

The whistle-blower wrote that White House officials moved a word-for-word transcript of Trump’s phone call with Zelensky from the computer system where such transcripts were typically kept into a separate system for the most highly classified information. “According to White House officials I spoke with, this was ‘not the first time’ under this administration that a presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive — rather than national security sensitive — information,” the whistle-blower said.

According to Stephen Gillers, a professor of legal ethics at New York University School of Law, any lawyers involved in hiding these transcripts might have done something illegal. “The rule is it is both unethical and a crime for a lawyer to participate in altering, destroying or concealing a document, and here the allegation is that the word-for-word transcript was moved from the place where people ordinarily would think to look for it, to a place where it would not likely be found,” said Gillers. “That’s concealing.”

Then there’s Barr’s personal involvement in the Ukraine plot. In the reconstruction of Trump’s call with Zelensky that was released by the White House, Trump repeatedly said that he wanted Ukraine’s government to work with Barr on investigating the Bidens. Barr’s office insists that the president hasn’t spoken to Barr about the subject, but given the attorney general’s record of flagrant dishonesty — including his attempts to mislead the public about the contents of the Mueller report — there’s no reason to believe him. Besides, said Representative Jamie Raskin, a former constitutional law professor who now sits on the House Judiciary Committee, “the effort to suppress the existence of the phone conversation itself is an obvious obstruction of justice.”

But Barr’s refusal to recuse creates a sort of legal cul-de-sac. It’s only the Justice Department, ultimately, that can prosecute potential federal crimes arising from this scandal. Barr’s ethical nihilism, his utter indifference to ordinary norms of professional behavior, means that he’s retaining the authority to stop investigations into crimes he may have participated in.

“The administration of justice is cornered because the ultimate executive authority for that government role includes the people whose behavior is suspect,” said Gillers.

That makes the impeachment proceedings in the House, where Barr will likely be called as a witness, the last defense against complete administration lawlessness. “Just as the president is not above the law, the attorney general is not above the law,” said Raskin. “The president’s betrayal of his oath of office and the Constitution is the primary offense here, and we need to stay focused on that, but the attorney general’s prostitution of the Department of Justice for the president’s political agenda has been necessary to the president’s schemes and he will face his own reckoning.”

I hope Raskin is right. But until that day comes, people who care about the rule of law in this country should be screaming for Barr’s recusal, even if he won’t listen. He is now wrapped up in one of the gravest scandals in American political history. Can America’s chief law enforcement officer really be allowed to decide whether to criminally investigate misdeeds he might have helped to commit or to conceal? The answer will tell us just how crooked the justice system under Trump has become.

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Another serious transgression: This shockingly biased and corrupt Trump political toady is literally running the U.S. Immigration Courts into the ground while neither Congress nor the Article IIIs have the guts to require that migrants receive the “fair and impartial” adjudications to which they are entitled under the Due Process Clause of our Constitution.

Sure, Billy Barr is “the pits!” But those in Congress and the Article IIIs who are “letting him get away with murder” are equally to blame. Bullies like Barr take advantage of the “go along to get along” cowardice of those charged with holding them accountable.

Another example of how Barr’s DOJ has become an “ethics free zone:” Yesterday, before Judge Dolly Gee in the Flores litigation Barr’s DOJ lawyer August Flentje presented a totally disingenuous position. 

“How can you as officer of the court tell me that the regulations are not inconsistent with the settlement agreement?” the judge asked a Justice Department lawyer. “Just because you tell me it is night outside does not mean it is not day.”

https://www.nytimes.com/2019/09/27/us/migrant-children-flores-court.html?smid=nytcore-ios-share

But in the end, even Judge Gee, no “shrinking violet,” merely expressed her displeasure and ruled against the DOJ.

Why weren’t Flentje and his supervisors, all the way up to Barr, referred to their respective state bars for ethical violations and knowingly trying to mislead the court by presenting a frivolous “defense?”  Would private counsel’s dishonesty before the court have been treated as leniently? At one time DOJ lawyers were expected to have higher ethical standards than the minimum. Now they have become ethical scofflaws. 

But, as long as Federal Courts are unwilling to hold Barr & company ethically  accountable, the dishonesty and disrespect for the system will continue to grow. When the Article IIIs find themselves in the middle of a morass of frivolous litigation and outright lies presented by the DOJ, they will have only themselves to blame for the deterioration of civility and ethical standards.

Indeed, the Supremes’ own shameful performance in Barr v. East Side Sanctuary Covenant, where they allowed the Solicitor General to unethically “short circuit the system,” dissolved a proper stay issued by a U.S. District Judge, and allowed an unconstitutional, illegal, not to mention immoral, program of racially targeted elimination of asylum opportunities sends a strong signal that the Supreme themselves have become part of the “ethics free zone.” Trump and Barr  and their sycophantic subordinates have taken  notice.

Chief Justice John Roberts might disingenuously moan the loss of civility and the dysfunction in the Legislative and Executive Branches. But, fact is, his Court’s unwillingness to fulfill their oaths of office by enforcing the Constitution and standing up for the rule of law by reinforcing it against Trump’s arrogant overreach is a major part of the problem. He and his spineless Supremes’ majority have essentially left America defenseless against the tyranny and corruption of Trump, Barr, and company.

And, as asylum applicants are abused, human lives are ruined, the Immigration Courts dissolve, and Trump’s betrayal of our nation unfolds each day, we see that there are “real life consequences” to the Supremes’ complicity.

09-28-19

CNN:  WHITE HOUSE CONFIRMS KEY PART OF WHISTLEBLOWER’S “COVER UP” CHARGE – Yeah, Just Like the WB Said, WH Aides Tried To Hide The Improper Conversation With Ukrainian President In The Classified Docs System!

Pamela Brown
Pamela Brown
Senior White House Correspondent
CNN

https://www.cnn.com/2019/09/27/politics/donald-trump-ukraine-transcript-white-house/index.html

 

Pamela Brown reports for CNN:

 

Washington (CNN)The White House acknowledged Friday that administration officials directed a now-infamous Ukraine call transcript be filed in a highly classified system, confirming allegations contained in a whistleblower complaint that have roiled Washington.

In a statement provided to CNN, a senior White House official said the move to place the transcript in the system came at the direction of National Security Council attorneys.

“NSC lawyers directed that the classified document be handled appropriately,” the senior White House official said.

White House officials say the transcript was already classified so it did nothing wrong by moving it to another system.

 

Four days that pitched America into an impeachment nightmare

The admission lends further credibility to the whistleblower complaint description of how the July 25 transcript with the Ukrainian president, among others, were kept out of wider circulation by using a system for highly sensitive documents.

But the statement did not explain whether anyone else in the White House was part of the decision to put the the Ukraine transcript in the more restrictive system.

Nor did it delve into an accusation in the complaint that other phone call transcripts were handled in a similar fashion.

The suggestion that officials sought to conceal the content of the phone call — during which Trump suggested to his Ukrainian counterpart that he order an investigation into Joe Biden and his son — has led to accusations of a cover-up. There is no evidence of wrongdoing by Biden or his son.

The transcript of the Ukraine phone call — which the White House released publicly on Wednesday — did not contain information like intelligence secrets or military plans that might ordinarily merit moving it to a highly classified system.

Officials familiar with the matter say Trump and others at the White House sought to restrict access to phone calls with foreign leaders after embarrassing leaks early in the administration.

The White House’s statement on Friday indicates an effort to paint the practice as sanctioned by lawyers and overseen by the National Security Council, rather than a politically motivated attempt to keep Trump’s conversations from becoming public.

Trump himself lashed out against the whistleblower on Thursday for revealing information about his phone call to relevant authorities.

“I want to know who’s the person, who’s the person who gave the whistleblower the information? Because that’s close to a spy,” Trump said during a private event in New York. “You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.”

CNN’s Kevin Liptak contributed to this report.

 

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Once again, the crack political analysis team at immigrationcourtside.com was out in front on this one by observing yesterday that there was little, if any, reason for the GOP to be attempting to sow doubts about then “second hand nature” of the Whistleblower’s factual allegations, since their credibility had already been largely confirmed by the White House’s own releases.  https://immigrationcourtside.com/2019/09/26/betrayal-of-america-what-on-earth-are-trumps-sycophantic-gop-defenders-talking-about-the-evidence-of-wrongdoing-released-by-the-white-house-confirms-the-whistleblower/.

 

This is further proof of what I said yesterday. The facts here are actually much clearer than they are in any “normal” investigation of wrongdoing. Trump acted inappropriately, broke the law, endangered national security, lied about it, and the GOP is trying to help him “cover-up” (hard to do, since the damning facts are public) or “obfuscate” to maintain their minority political power. In other words, the “Trump Doctrine” of corruption, unbridled greed, and selfishness, driven to a large degree by racism, taken to its logical conclusion.

 

Speaking of being “”out front,” it finally dawned on House Speaker Nancy Pelosi that Attorney General Billy Barr has “gone rogue.” https://www.washingtonpost.com/politics/trump-whistleblower-impeachment/2019/09/27/55b99276-e0a8-11e9-8dc8-498eabc129a0_story.html.

That’s hardly “news” to faithful readers of Courtside! https://immigrationcourtside.com/2019/09/26/doj-is-a-national-disgrace-under-trump-the-race-to-the-bottom-started-under-white-nationalist-zealot-gonzo-apocalypto-becomes-a-death-spiral-under-shamelessly-corrupt-trump-toady/.

 

To me, it doesn‘t look like both the Trump Presidency and our nation can survive in the long run. Our next election will be about what we really want as a people: a Constitutional Republic committed to humane values and the rule of law; or a corrupt, selfish, cowardly racist charlatan who seeks to seeks to replace that republic with a “Cult of Personality.”

PWS

09-27-19

BETRAYAL OF AMERICA: What, On Earth, Are Trump’s Sycophantic GOP Defenders Talking About? — The Evidence Of Wrongdoing, Released By the WHITE HOUSE, Confirms The Whistleblower’s Complaint!

BETRAYAL OF AMERICA: What, On Earth, Are Trump’s Sycophantic GOP Defenders Talking About? — The Evidence Of Wrongdoing, Released By the WHITE HOUSE, Confirms The Whistleblower’s Complaint!

By Paul Wickham Schmidt

Exclusive for Immigrationcourtside.com

Sept. 26, 2109

Congressional Republicans continue to spout utter nonsense about the Whistleblower’s admitted lack of “first hand evidence” of Trump’s inappropriate conversations with the Ukrainian President that were both criminal and a threat to our national security.

But, the White House released a “transcript” that clearly shows that Trump improperly asked the Ukraine for a “favor” — to investigate political rival Joe Biden and his family in return for improved relations. Not the least among the latter was release of the Congressionally appropriated defense funding that Trump had put on hold and then lied about his reasons. His initial claim that funds were withheld out of a concern about “corruption” (this, from the most corrupt President in US history who recently closed bogus immigration “Safe Third Country Agreements” with the notoriously unsafe and blatantly corrupt Governments of the Northern Triangle) was later contradicted by an equally incredible claim that he was trying to get European Governments to pay their imaginary “fair share.”

The same transcript also shows Trump “pressing” the Ukrainian President about a fabricated right wing conspiracy theory relating to the non-existent Democratic Party “server” as well as making completely inappropriate and unethical references to Attorney General Barr and Trump’s personal attorney, Rudy Giuliani, in connection with investigating the Biden family. (In fact, Hunter Biden was cleared of wrongdoing by a previous Ukrainian investigation, and there have never been any credible allegations of wrongdoing by Joe Biden).

In other words, the heart of the Whistleblower complaint was confirmed by Trump’s own evidence of his own misconduct.

So, in this context, the lack of first-hand information is totally irrelevant. Trump himself has corroborated the Whistleblower’s major concerns.

That GOP sycophants keep raising irrevancies as bogus ”defenses” merely confirms what everyone outside ”Trumpworld” already knows: There is no defense for the President’s illegal and unethical conduct and the GOP’s continued support of this sleazy charlatan.

PWS

09-26-19

BELOW THE RADAR SCREEN: Trump Uses UN Speech To Urge Return To Unbridled, Racist, Xenophobic Nationalism That Caused Two World Wars, The Holocaust, & Fueled The Rise Of Communism, While Killing 80-100 Million People! — He’s An Existential Threat To Civilization!

https://apple.news/AiFomr1e1Tni878bxZd4OKw

Letters to the Editor [LA Times]: Trump’s U.N. speech extolling nationalism was frightening

President Trump’s speech at the U.N. dismissing globalism and praising nationalism endorsed the very ideologies the U.N. was formed to combat.

To the editor: In his speech to the General Assembly on Tuesday, President Trump called for rejecting everything the United Nations stands for and a return to nationalism. Great.

This is what comes from someone who is ignorant of history — and fairly recent history at that. It was nationalism that brought us the two most catastrophic wars in human history. It is nationalism that has been at the root of many conflicts since then.

The U.N. was created to combat this most destructive of ideologies. For the most part, it has been succeeding, but in small, incremental, not often seen ways.

Now, the man in the White House wants to throw it all away. And for what? Self-aggrandizement? Profit for defense companies? Or just to give fodder to his followers?

Stephen McCarthy, Monrovia

********************

Stephen McCarthy “gets” it. Unfortunately, Trump, the GOP, and their enablers don’t!

Will the electorate “wake up” in time. Or, will we repeat the worst mistakes in history with America as the main culprit?

PWS

09-26-19

“I’M HENRY VIII, I AM, HENRY VIII, I AM, I AM” – Unhinged Trump Confuses Himself With The State, Threatens “Whistleblower” Sources With Treason – Will “Drawing & Quartering” Be Next? — Audience “Stunned” By Latest Evidence Of Unfitness for Office!

 

I’m Henry VIII

Herman’s Hermits

I’m Henry the eighth I am
Henry the eighth I am, I am
I got married to the widow next door
She’s been married seven times before

And every one was an Henry (Henry)
She wouldn’t have a Willy or a Sam (no Sam)
I’m her eighth old man, I’m Henry
Henry the eighth I am

Second verse same as the first

I’m Henry the eighth I am
Henry the eighth I am, I am
I got married to the widow next door
She’s been married seven times before

And every one was an Henry (Henry)
She wouldn’t have a Willy or a Sam (no Sam)
I’m her eighth old man, I’m Henry
Henry the eighth I am

I’m Henry the eighth I am
Henry the eighth I am, I am
I got…

 

Source: LyricFind

 

Maggie Haberman
Maggie Haberman
White House Correspondent
NY Times
Henry VIII
Henry VIII
Former King, England
Executed Those Who Wouldn’t Swear Personal Allegiance

https://www.nytimes.com/2019/09/26/us/politics/trump-whistle-blower-spy.html?smid=nytcore-ios-share

 

Maggie Haberman reports for the NY Times:

 

By Maggie Haberman

President Trump told a crowd of staff from the United States Mission to the United Nations on Thursday morning that he wants to know who provided information to a whistle-blowerabout his phone call with the president of Ukraine, saying that whoever did so was “close to a spy” and that “in the old days,” spies were dealt with differently.

The remark stunned people in the audience, according to a person briefed on what took place, who had notes of what the president said. Mr. Trump made the statement several minutes into his remarks before the group of about 50 mission employees and their families at the event intended to honor the mission. At the outset, he condemned the former Vice President Joseph R. Biden Jr.’s role in Ukraine at a time when his son Hunter Biden was on the board of a Ukrainian energy company.

Mr. Trump repeatedly referred to the whistle-blower and condemned the news media reporting on the complaint as “crooked.” He then said the whistle-blower never heard the call in question.

“I want to know who’s the person who gave the whistle-blower the information because that’s close to a spy,” Mr. Trump said. “You know what we used to do in the old days when we were smart with spies and treason, right? We used to handle it a little differently than we do now.”

The complaint, which was made public on Thursday morning, said the whistle-blower obtained information about the call from multiple United States officials.

“Over the past four months, more than half a dozen U.S. officials have informed me of various facts related to this effort,” the complaint stated. It described concerns that the president was using his phone call with the Ukrainian president for personal gain to fulfill a political vendetta.

Full Document: The Whistle-Blower Complaint

The complaint filed by an intelligence officer about President Trump’s interactions with the leader of Ukraine.

 

Some in the crowd laughed, the person briefed on what took place said. The event was closed to reporters, and during his remarks, the president called the news media “scum” in addition to labeling them crooked.

The ambassador to the United Nations, Kelly Knight Craft, was in the room.

A White House spokesman did not immediately respond to a request for comment.

An intelligence whistle-blower law protects intelligence officials from reprisal — like losing their security clearance or being demoted or fired — as long as they follow a certain process for bringing allegations of wrongdoing to the attention of oversight authorities.

The whistle-blower followed that process — filing a complaint with the inspector general for the intelligence community. The Trump Justice Department later proclaimed that the information the whistle-blower put forward did not qualify under the intelligence whistle-blower law, raising the question of whether the official was still protected from reprisal. The acting director of national intelligence, Joseph Maguire, has said he would not permit the official to suffer retaliation, but the inspector general has pointed out that this personal assurance is not a legal shield.

Moreover, whistle-blower laws are aimed at channeling complaints to certain officials with oversight responsibilities — Congress, supervisors or inspectors general — and do not protect officials who provide information to other people without authorization. For that reason, these laws almost certainly do not protect the officials who told the whistle-blower about the call in the first place.

Mr. Trump spoke as the director of the Office of the Director of National Intelligence was testifying before Congress that the president had never asked for the identity of the whistle-blower, whose complaint was initially withheld from Congress by the Trump administration.

At a fund-raiser at Cipriani 42nd Street in Manhattan immediately after the United Nations event, Mr. Trump walked out before the crowd of several hundred donors clutching paper in one of his hands and said, “This is the call.” He then said it was “the greatest thing” to happen to the Republican Party because they had raised so much money off the controversy.

In a Twitter post later in the day, Mr. Trump referred again to the whistle-blower having “second hand information” and called the inquiry “Another Witch Hunt!”

Editors’ Picks

 

Charlie Savage contributed reporting.

***********************************************************

Those of us who have been saying for some time now that Trump’s conduct makes him a “clear and present danger” to the continued existence of our nation have been proved right again. Not, of course, that it means that Trump, with lots of help from the GOP and complicit courts, won’t succeed in destroying American democracy. Democracy is “on the ropes” while Trump is still in office.

What would Thomas More, former Lord High Chancellor of England, say about Trump’s rhetoric? More was famously executed in 1535 for refusing to recognize Henry VIII as the head of the Church in England.

In a time where Trump, Barr, McAleenan, Mulvaney, Pence, Graham, McConnell, Pompeo, the majority of the Supremes, and many others illustrate the complete absence of integrity and ethics in Government, the “Whistleblower” reminds us that there still are are some persons of integrity left in our Government. Sadly, they appear to be an “endangered species.”

Voters have a chance to save our nation by throwing Trump and his GOP scoundrels out of office, at every level, in 2020. Whether they are “up to the task” or not remains to be seen.

 

PWS

09-26-19

 

 

 

DOJ IS A NATIONAL DISGRACE UNDER TRUMP: The Race To The Bottom, Started Under White Nationalist Zealot “Gonzo Apocalypto,” Becomes A Death Spiral Under Shamelessly Corrupt Trump Toady Billy Barr!  — “Malicious Incompetence,” White Nationalism, & Anti-Democracy Are Institutionalized @ DOJ, Enabled By Feckless Article III Courts Pretending To Look The Other Way Rather Than Standing Up To Tyranny & Assaults On Our Constitution & The Rule Of Law By The Trump Administration! 

Mark Joseph Stern
Mark Joseph Stern
Reporter, Slate

https://slate.com/news-and-politics/2019/09/william-barr-trump-and-ukraine-the-doj-hit-a-new-low-to-bury-the-whistleblower-complaint.html

Mark Joseph Stern writes in Slate:

As more details emerge about Donald Trump’s whistleblower scandal, it’s clear the man standing in the way of any investigation into the president’s actions, once again, is Attorney General William Barr. The House’s now formal impeachment inquiry may be the last remaining tool that Barr cannot tamper with.

Barr has already successfully stymied one investigation of presidential misconduct: Special Counsel Robert Mueller’s Russia probe. The attorney general released a misleading “summary” of the report before its publication, one that rankled Mueller himself. He also devised dubious legal standards to find insufficient evidence that Trump obstructed justice. Barr then prefaced the report’s release with an appalling press conference that painted Trump as the real victim. In congressional testimony, he trashed his own Justice Department to further defend Trump. Later, Barr took pains to hide the full Mueller report from Congress, deploying a baseless legal theory to conceal key redactions from lawmakers.

With each new development in the Ukraine scandal, we are seeing the Trump administration run the Barr playbook all over again. But there is an important difference. When Barr took the reins at DOJ, the Mueller investigation was near its end: Barr could not interfere with the probe itself; he could only run damage control once it concluded. This time, Barr has been in control from the start. And his Justice Department has blocked every avenue through which Trump might be held accountable.

Notes on the telephone conversation between Trump and Ukraine President Volodymyr Zelensky suggest Barr is implicated in Trump’s dirty work. (The memo is not a transcript, but rather a compilation of “notes and recollections” from officials listening in.) Trump mentions his attorney general six times as a resource for Zelensky. The president urges Zelensky to investigate his potential 2020 rival, Joe Biden—referring to unsubstantiated allegations that, as vice president, Biden used his position to quash a Ukrainian investigation into his son. “[W]hatever you can do with the Attorney General would be great,” Trump adds. He also told Zelensky that he would have his personal attorney Rudy Giuliani “give you a call and I am also going to have Attorney General Barr call and we will get to the bottom of it.”

Barr has been in control from the start.

The Justice Department released a statement Wednesday claiming that neither Trump nor Giuliani have spoken with Barr about pressuring Ukraine to investigate Biden and his son. But there is ample evidence that Barr played a substantial role in protecting Trump from a whistleblower complaint over the call. House Judiciary Chairman Jerry Nadler has already insisted that Barr recuse himself “until we get to the bottom of this matter.” House Intelligence Committee Chair Adam Schiff also sent a letter to Barr Wednesday saying the DOJ’s involvement “raises the specter that the Department has participated in a dangerous cover-up to protect the President.”

Before Barr’s possible involvement in the Ukraine affair had even been made public, the DOJ stepped in to mute the whistleblower complaint over this call. Under the Intelligence Community Whistleblower Protection Act, or ICWPA, whistleblowers in a federal intelligence agency must send their complaint to Michael Atkinson, Intelligence Community inspector general. The law tasks Atkinson with deciding whether the complaint is credible and of “urgent concern.” If it is, Atkinson must send it to acting Director of National Intelligence Joseph Maguire. ICWPA states that Maguire, in turn, “shall … forward” the complaint to congressional intelligence committees within seven days.

This process worked as intended—until the DOJ stepped in. Atkinson received the whistleblower complaint and found it to be a credible allegation of “urgent concern.” So he sent it to Maguire. Instead of sending it to Congress, as he was legally obligated to do, Maguire asked the DOJ’s Office of Legal Counsel, which makes law that binds the executive branch. The OLC declared that he could not pass it on in an opinion later released to the public in modified form, holding that the whistleblower complaint did not pertain to a matter of “urgent concern.”

This opinion is bizarre, because the law does not allow Maguire—and, by extension, the OLC—to overrule Atkinson’s assessment of a whistleblower complaint. It tasks Atkinson with deciding whether the complaint meets ICWPA’s standards, not Maguire. OLC claimed a right, on Maguire’s behalf, to independently determine whether the complaint constitutes an “urgent concern.” No such right exists.

The OLC then followed a different law, which requires executive branch officials to notify the attorney general if they discover potential “violations of Federal criminal law involving Government officers.” So instead of going to Congress, the whistleblower’s complaint went to the DOJ and, apparently, to Barr himself. The DOJ then assessed whether Trump may have committed a campaign finance violation, since it is a federal crime for any person to “solicit” any “thing of value” from a foreign national in connection with an election.

On Wednesday, the DOJ released a statement announcing that the agency had determined that “that there was no campaign finance violation and that no further action was warranted.” It reached this finding by deciding that dirt on a political opponent is not a “thing of value”—disagreeing with Robert Mueller, who believed opposition research could qualify as a “thing of value.” The DOJ’s contrary conclusion theory of campaign finance law is far-fetched if not outright incorrect, ignoring the immense value that Trump and Giuliani evidently saw in a Biden investigation.

We don’t know for sure that Barr’s fingerprints are on this decision. But the OLC purported to follow a statute that required the whistleblower complaint to be “expeditiously reported to the Attorney General.” Thus, Barr was, at a minimum, presumably aware of the criminal referral. Moreover, there is no indication that Barr recused himself from the whistleblower matter, even though Trump invoked him on the call at the center of the affair.

In short, Barr’s Justice Department first manipulated ICWPA to prevent Maguire from sending the whistleblower complaint to Congress. It then manipulated campaign finance law to determine that Trump had committed no crime and refused to open an investigation. And the Attorney General himself, who appears to be implicated in the whistleblower’s complaint, almost certainly played a role in quashing any probe into the president.

Faced with this stonewalling at DOJ, House Democrats have no choice but to pursue impeachment if they want to get to the bottom of this scandal and punish Trump accordingly. Barr and his allies at the Justice Department certainly aren’t going to do it. To the contrary, the Justice Department seems eager to shield the president from any consequences. Under Barr, the DOJ has defended Trump’s refusal to comply with congressional subpoenas into his personal finances. It has even intervened on behalf of his former campaign chairman, convicted felon Paul Manafort, lobbying for him to receive special privileges behind bars. The Justice Department has all but announced that it will aide Trump’s allies and fight his enemies.

Barr will do whatever he can insulate Trump from federal law. We can certainly expect his DOJ to fight the House’s impeachment inquiry by attempting to stop executive officials from testifying, as it has before. But there is one important power that Barr lacks: He cannot stop Congress from concluding that the president has committed high crimes and misdemeanors.

*************************************

Stern doesn’t even get into the equally serious problem of Barr’s “maliciously incompetent” mis-management, his intentional misconstruction of immigration law, and his promotion of biased, xenophobic, anti-asylum applicant decision making in the failing U.S. Immigration Courts which, despite their clearly unconstitutional structure, continue to operate as an appendage of DHS enforcement within the DOJ, as the Federal Appellate Courts disgracefully (and spinelessly) pretend to look the other way. History won’t be so kind to the “enablers” on the Federal Bench.

PWS

09-26-19