HEEEEEEEEEEE’S BACK! – Pundits & Satirists Revel In Rudy’s Return!

Legendary Legal Mind Rudy Giuliani Comes Out of Semi-Retirement to Save Donald Trump

The soon-to-be bachelor says he’s going to “negotiate an end” to the Mueller probe.

Over the past month, Robert Mueller’s investigation into possible collusion between Donald Trump’s 2016 campaign and mother Russia has kicked into high gear. Also over the past month, Donald Trump’s legal team, which wasn’t comprised of the country’s most brilliant legal minds to begin with, has completely fallen apart. John Dowd, the president’s personal lawyer, decided he’d had enough and quit. Ty Cobb, who famously claimed the Russia probe would be over by Thanksgiving 2017, is basically persona non grata. Joseph diGenova, who peddled a conspiracy theory that the F.B.I. and D.O.J. were in cahoots to frame Trump, decided at the last minute he didn’t want to be associated with such an epic s–t show. As former Obama general counsel Bob Bauer told my colleague Abigail Tracy, “Like so much else around Trump, [the shake-up] is marked by confusion, a lack of consistency, and an apparent reflection of the president’s uncontrolled impulses.”

At one point, it looked like the ex-Miss Universe owner was going to have to represent himself. But on Thursday, blessing of blessings, the president’s fairy godmother intervened:

Former New York mayor Rudolph W. Giuliani, a combative former prosecutor and longtime ally of President Trump, told The Washington Post on Thursday that he has joined the president’s legal team dealing with the ongoing special counsel probe.

Giuliani, like Trump, is Central Park Five truther, told the Post, “I’m doing it because I hope we can negotiate an end to this for the good of the country and because I have high regard for the president and for Bob Mueller.” The president, naturally, is thrilled by the turn of events, which reunites him with this favorite cross-dressing enthusiast. “Rudy is great,” Trump said a statement issued by counsel Jay Sekulow. “He has been my friend for a long time and wants to get this matter quickly resolved for the good of the country.”

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Get this and much more lively political commentary from Bess in the “Levin Report” here:

https://www.vanityfair.com/news/2018/04/rudy-giuliani-donald-trump-legal-team?mbid=nl_th_5ad9274ea342ec2552ce871b&CNDID=48297443&spMailingID=13349962&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1381734284&spReportId=MTM4MTczNDI4NAS2

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Naturally, Andy Borowitz at The New Yorker couldn’t allow Rudy’s resuscitation to go unnoticed:

WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING, AND ALSO MORE FACTUAL ACCURACY THAN ANY REPORT PREPARED UNDER THE DIRECTION OF “AGENT DEVON!”

SATIRE FROM THE BOROWITZ REPORT

TRUMP HIRES ONLY LAWYER IN U.S. WITH FEWER CLIENTS THAN MICHAEL COHEN

Photograph by Ralph Freso / Getty

WASHINGTON (The Borowitz Report)—The White House announced on Thursday that Donald Trump had successfully secured the services of Rudolph Giuliani, after an exhaustive search for an attorney with fewer clients than Michael D. Cohen.

“President Trump had become concerned in recent days that Mr. Cohen might be too distracted to pay full attention to his case, what with him having two other clients and all,” Sarah Huckabee Sanders, the White House press secretary, said. “So the search was on for a lawyer with zero clients, and with the hiring of Mayor Giuliani, the President believes he has hit the jackpot.”

Speaking to reporters, Giuliani agreed that, by virtue of having three fewer clients than Cohen, he was uniquely qualified to give Trump his full attention. “There is absolutely no chance of my ever putting him on hold,” Giuliani said.

While the former New York mayor’s hiring got high marks from Trump’s inner circle, it drew a bitter reaction from Chris Christie, the former governor of New Jersey, who angrily pointed out that he had not been considered for the job despite having as few clients as Giuliani. “Not only do I have absolutely no clients, I have even less going on, career-wise, than Rudy Giuliani,” Christie said. “Once again, I’ve been screwed.”

 

Mueller Says That Until Yesterday He Had Almost Forgotten to Investigate Giuliani

WASHINGTON (The Borowitz Report)—The independent counsel, Robert Mueller, told reporters that, prior to news reports on Thursday, he had “almost forgotten” to investigate the former New York mayor Rudolph Giuliani.

“Like most Americans, I had totally forgotten about Rudy Giuliani’s existence,” he said. “But then when he popped up on the news I was, like, ‘Hold on—shouldn’t we be investigating him?’ ”

Mueller was at a loss to explain why he had failed to investigate Giuliani earlier. “I have no idea how it could have slipped my mind,” he said. “His role in Trump’s campaign was as fishy as all get-out.”

He said that other members of his team were “poking fun” at him for not deciding to investigate Giuliani before Thursday. “I mean, think about it: how do you do a criminal investigation of the Trump campaign and leave Rudy out of it?” he said. “I’ve got to say, I’m pretty darn embarrassed about the whole thing.”

When asked for an estimate of when the Russia inquiry might wrap up, Mueller responded, “I honestly can’t say. I was hoping to bring it to a close in the next month or two, but now that we’re also investigating Rudy Giuliani, God only knows how long it’ll take.”

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My career path crossed over Rudy’s several times. From 1981-83, he was the Associate Attorney General, in charge of the “INS Portfolio” at the DOJ. He left to become the U.S. Attorney for the Southern District of NY, where INS had two full-time “Special Assistant U.S. Attorneys” working for him, assigned and paid by INS General Counsel, who represented INS in the voluminous litigation in the Second Circuit and the U.S. District Court for the S.D.N.Y.

I was the INS Deputy General Counsel during those years, working for General Counsel Maurice C. “Iron Mike” Inman, Jr. Even the biggest space in the DOJ, the “Great Hall” wasn’t big enough to hold Rudy and Iron Mike, two of the most “robust” egos I ran across in my four decade legal career in immigration law.

I think Rudy was always happy enough when I showed up for one of his meetings rather than Mike. Even the late Mike would have conceded that I knew more immigration law, and from Rudy’s standpoint, I was certainly far enough down the bureaucratic food chain in the DOJ not to impinge on his “air space.” My recollection is that Rudy and his assistants always treated me with courtesy and respect.

PWS

04-21-18

 

 

BESS LEVIN @ VANITY FAIR: Scott Pruitt Isn’t As Bad As You Might Think He Is – He’s 10X Worse! – GOP Takes an “Ethics Vacation” On Totally Corrupt EPA Sec!

https://www.vanityfair.com/news/2018/04/scott-pruitt-is-an-even-bigger-monster-than-you-thought

Bess writes:

Earlier this month, in the wake of revelations about his pricey travel habits and sweetheart deal on rent courtesy of a high-powered lobbyist, Scott Pruitt sat down with a series of reporters to clear the air and explain what was happening. The negative headlines and stories painting him as one of the most corrupt Cabinet members in the Trump administration were the result of one thing and one thing only, he said: a liberal plot against him. The real issue, Pruitt and his defenders insist, is not his preference for flying first class when coach would suffice, or the $50 a night he was shelling out for part of a D.C. townhouse in a neighborhood where the market rate was several multiples of that, but that the left simply doesn’t appreciate his hydrocarbon-happy dismantling of Barack Obama’sregulatory regime. Which makes fresh accusations against Pruitt, by one of Donald Trump’s favorite staffers, somewhat awkward!

In a six-page letter addressed to Pruitt but circulated much more widely than his pair of very fancy desks, two senators and three House representatives detailed allegations that were brought to their attention this week by Kevin Chmielewski, who served as the president’s body man during the campaign—Trump called him a “star” and a “gem”—before going on to work as the E.P.A.’s deputy chief of staff. (Chmielewski was placed on administrative leave without pay after objecting to Pruitt’s spending policies, which can be loosely summed up as: F–k you, I do what I want.) Among the most damning allegations:

  • Pruitt demanded the agency “enter into a $100,000 per month contract to rent a private jet, which would have cost more than the administrator’s annual travel budget of approximately $450,000,” a situation Chmielewski says he prevented from happening, probably to the detriment of his employment;
  • Pruitt made travel decisions based on his “desire to visit particular cities or countries rather than official business” and then told staff to “‘find me something to do [in those locations]’ to justify the use of taxpayer funds,” which might explain his trip to Morocco to promote U.S. natural gas exports, despite the fact that said exports are not part of the E.P.A.’s mission to “protect human health and the environment”;
  • Pruitt booked his flights through Delta, despite the airline not being the federal government’s contract carrier for the route, “because [he] want[ed] to accrue more frequent flier miles,” just in case his private jet didn’t pan out;
  • Pruitt directed his staff to “find reasons for [him] to travel to Oklahoma, so [he] could be in his home state for long weekends at taxpayers’ expense,” where he has seemingly been laying the groundwork for a run for office;
  • Pruitt stayed in hotels that far exceeded the U.S. government per diem, sometimes by 300 percent. Exhibit A: when he traveled to Australia and Italy and refused to stay in hotels recommended by the U.S. Embassy, choosing fancier but less secure ones, which you think would concern someone who wanted a bullet-proof desk;
  • Pruitt blew through the $5,000 limit allowed by law to redecorate his office with items that included a $43,000 soundproof phone booth, art leased from the Smithsonian Institution, and a desk (one of two) that alone cost $2,075;
  • Pruitt insisted, as previously reported, on “the use of lights and sirens to transport [him] more quickly through traffic to the airport, meetings, and social events on numerous occasions” and required his drivers to “speed through residential neighborhoods and red lights, far in excess of posted speed limits,” because Scott Pruitt’s got places to be, people!
  • Pruitt insisted the E.P.A.’s director of scheduling “act as his personal real estate representative, spending weeks improperly using federal government resources and time to contact rental and seller’s agents, and touring numerous properties in which [he] might wish to reside”;
  • Pruitt gave two favored aides giant salaries after they were denied by the White House (which Pruitt claimed in recent interviews to not know anything about);
  • And that Pruitt did not even pay the $50 per night he owed lobbyist J. Steven Hart, who complained during a phone call Chmielewski heard on speakerphone that Pruitt “had never paid any rent to him” and that Pruitt’s daughter “had damaged his hardwood floors by repeatedly rolling her luggage across the unit when she was staying there.”

According to the letter, Chmielewski’s employment with the E.P.A. ultimately ended thanks to his refusal to “retroactively approve [a favored staffer’s] first-class return flight from Morocco.” That Chmielewski, contends, caused Pruitt to remove him from his post. But naturally Pruitt did not do the dirty work himself, allegedly relying instead on the head of his security detail, Nino Perrotta, who Chmielewski says threatened him in such a way that he reported it to the local police, E.P.A. officials, and the White House Office of Presidential Personnel. (Speaking of Perrotta, i.e. the guy who deemed it too risky for Pruitt to sit in coach, we highly suggest checking out his self-published memoir, Dual Mission, which includes lines like, “I cannot tell how many women in those days held [my] gun during very passionate late-night moments. It was, in some ways, like a dangerous, forbidden sex toy to some, and I played right along. Although never loaded, I am certain to have broken a rule or two in terms of allowing unauthorized access to and use of a federal firearm.”)

While the lawmakers concluded that the information left them “certain that [Pruitt’s] leadership at E.P.A. has been fraught with numerous and repeated unethical and potentially illegal actions on a wide range of consequential matters,” it’s not clear that Trump will have him removed. On the one hand, the guy is on a roll when it comes to firing people. On the other, Pruitt has done such a stellar job dismantling Obama’s environmental legacy in his short time on the job, and good work is truly hard to find. While Trump has said nothing about the matter on social media, during a speech today ostensibly about tax reform, he told the crowd that that he plans to sign a “presidential memorandum directing the E.P.A to cut” even more regulations on manufacturers.

For their part, Pruitt’s handlers appear to be on the offensive: just hours after the letter detailing the E.P.A. head’s ethically challenged habits was released, word leaked that Chmielewski “never filed required financial disclosure forms during his year in the Trump administration.” That, combined with Pruitt’s stellar work turning the environment into an ashtray, should help him hang on little while longer.

On the other other hand . . .

Bloomberg reports that Andrew Wheeler, a former coal lobbyist, has been confirmed by the Senate to serve as the E.P.A.’s deputy administrator, which means he would lead the agency should Pruitt suddenly be told to clean out his desk. Many Democrats were opposed to the nomination, given Wheeler’s push to roll back regulations while working on behalf of his clients, among them one of America’s largest coal-mining companies. That may not be as impressive as Pruitt’s credentials for leading the agency—suing it 14 times—but it’s something.

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Go on over to Vanity Fair at the link to get the full “Levin Report.”

In an Administration loaded with ethically challenged individuals, starting with the “Big Boss,” Pruitt stands out. Nevertheless, because he is deconstructing the EPA and dismantling critical environmental protections — “turning the environment into an ashtray” —  nobody in today’s GOP dares to agitate for his removal. Could you imagine how apoplectic the GOP would have been if Hillary Clinton or anyone else in the Obama Administration were fingered for doing this type of stuff?

PWS

04-15-18

 

BESS LEVIN @ VANITY FAIR – Ryan Closes Out A Truly Toxic Career Aimed at Widening The Income Gap, Promoting Social Inequality, And Destroying the Safety Net That Most Americans Depend On In One Way Or Another! – “Boy Wonder” From Wisconsin (Who Betrayed His Working Class Home Town & Was Re-elected Only Because Of Massive Gerrymandering) Was One Of America’s Worst Politicos

Here’s the latest “Levin Report” from Vanity Fair:

BESS LEVIN @ VANITY FAIR: Trump Contemplating Misappropriating Military Funds For “His Wall!”

Bess writes in The Levin Report:

Of the untold number of stupid things that have come out of Donald Trump’s mouth, making a strong case for the stupidest was his claim, as he announced his candidacy for president, that he would build a wall on the southern border of the country and make the “criminals” and “rapists” in Mexico pay for it. So dumb was this declaration that even Trump eventually realized he would have to tweak it, probably around the time that Mexico’s president, Enrique Peña Nieto, said there was no way in hell he would fund the project. From there, Mr. Art of the Deal changed his story to taxpayers will put up the money initially, but Mexico will pay us back;which later became Mexico will pay for the wall through import tariffs; which quickly changed to Mexico will pay for the wall indirectly through NAFTA,” which morphed, earlier this month, into the wall will pay for itself. And now, the president has landed on a new idea: make the military pay for it.

Trump has privately been making the case that the Pentagon should use some of the $700 billion it received as part of last week’s spending bill to fund his vanity project, The Washington Post reported Tuesday. After mentioning it to several advisers last week, Trump reportedly floated the idea by House Speaker Paul Ryan in a meeting on Wednesday at the White House, to which Ryan “offered little reaction.” During another meeting, this one with senior aides, Trump apparently whined about how much money the Department of Defense was getting, noting that surely the Pentagon could afford to part with a few (or, say, 67) billion dollars. According to reporters Josh Dawsey and Mike DeBonis, President Temper Tantrum has had a hard time watching TV lately—heretofore his only solace in this cruel world—due to criticism of the spending deal he signed last week, and the fear that his base could sour on him without any wall progress. (The fact that he allegedly had an affair with a porn star, whom he subsequently paid off to stay quiet, is obviously a plus for them.) Currently, just $641 million is earmarked for new fencing, and it can only be used on “operationally effective designs that were already deployed last May,” meaning that unless something changes, the prototypes Trump recently visited in California will be just for show.

Of course, as everyone but the president seems to understand, it’s highly unlikely that the Pentagon would divert funds from the military to finance the wall, which experts say won’t actually stop the flow of illegal immigration at all, and which would require Congressional votes that Trump obviously doesn’t have. Not only will Democrats take a hard pass military spending paying for his fence, but Pentagon officials, per White House advisers, “may also blanch at the possibility.” In a statement to the Post,Minority Leader Chuck Schumer made his feelings pretty clear. “First Mexico was supposed to pay for it, then U.S. taxpayers, and now our men and women in uniform? This would be a blatant misuse of military funds and tied up in court for years. Secretary [James] Mattis ought not bother and instead use the money to help our troops, rather than advance the president’s political fantasies,” he said.

That virtually no one is going for the idea hasn’t stopped Trump from floating it in his preferred venue of choice. Over the weekend he suggested on Twitter that the military should scrounge up the money for national security reasons:


The national security argument might hold a bit more water if the Trump administration hadn’t targeted traditional border security measures for for cuts or delays in funding that experts say “[pose] a serious threat to border security.” (Those experts also say that the The Wall will largely useless “unless it’s 35,000 feet high.”) Meanwhile, at the White House, good soldier Sarah Sanders on Tuesday told reporters that the administration “still has plans to look for potential ways” for Mexico to pay for the wall.

Anyway, stay tuned for next week when Trump privately presses for the Department of Veterans Affairs to quit being so stingy and pony up the dough. How much money do they really need to treat PTSD?

Team Trump has a special treat in store for the bank industry

It’s the appointment of Jelena McWilliams at the F.D.I.C., which will result in a trifecta of deregulation-happy officials atop the nation’s banking regulators, per The Wall Street Journal:

When that happens, the F.D.I.C., the Federal Reserve and Office of the Comptroller of the Currency will be able to move ahead on a number of the Trump administration’s policy priorities, such as adjusting capital and liquidity requirements, easing restrictions on short-term consumer loans and relaxing the 2010 Dodd-Frank financial law’s proprietary trading ban, the Volcker rule.

Ms. McWilliam’s arrival likely will coincide with the completion of a bill in Congress aimed at easing crisis-era banking regulations, another catalyst for changes to the financial rule book.

Isaac Boltansky, the policy research director at Compass Point Research & Trading LLC, told W.S.J.that, “With Congress likely to pass the only financial deregulatory bill for the near future, it will be the alphabet soup of new regulators who decide the tone and tenor of the new deregulatory agenda.” #MAGA!

Wilbur Ross does the G.O.P. a solid

Overriding the advice of career officials who warned that adding a question to the 2020 census about citizenship will lead to fewer responses from people worried about deportation, Ross decided on Monday to just go for it, writing in a memo he had “determined that reinstatement of a citizenship question on the 2020 decennial census questionnaire is necessary to provide complete and accurate census block level data” (the last time the citizenship question was on the census was in 1950). That’s an interesting argument, given that the very reason census officials didn’t want to reinstate the question is a fear that it will lead to lower response rates. Which may be all part of the plan:

Critics of the change and experts in the Census Bureau itself have said that, amid a fiery immigration debate, the inclusion of a citizenship question could prompt immigrants who are in the country illegally not to respond. That would result in a severe undercount of the population—and, in turn, faulty data for government agencies and outside groups that rely on the census. The effects would also bleed into the redistricting of the House and state legislatures in the next decade.

Others argued that an undercount in regions with high immigrant populations would lead not only to unreliable data but also to unfair redistricting, to the benefit of Republicans.

In response to the decision by Ross, the human equivalent of a smoking jacket and cigar, the states of California and New York have sued the Trump administration.

Trump takes full responsibility for stock-market sell-off

Just kidding, of course. The president, who took the time out of his busy day on Monday to pat himself on the back for yesterday’s rally, was suddenly too busy to tweet about today’s drop.

Elsewhere!

At least 50 people on Wall Street think “Billions” characters are based on them (Business Insider)

Ross says market is realizing the tariffs are bargaining chips for better trade deals (CNBC)

Zuckerberg Expected to Testify Before Congress on Cambridge Analytica Scandal (Wired)

The Billionaire Whisperer Who United Bezos, Buffett, and Dimon (Bloomberg)

The White-Collar Wives Club (N.Y.T.)

Trump claimed the tax bill would lead to a huge boost in business spending—but there’s no sign of it yet (Business Insider)

Deutsche Bank Examines Potential Successors to C.E.O. John Cryan (W.S.J.)

Manafort Asks Virginia Judge to Dismiss Tax, Bank-Fraud Case (Bloomberg)

Mulvaney nears victory in struggle with Mnuchin on tax rules (Politico)

Ring-bearing owl causes chaos at British wedding (UPI)

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Go on over to Bess @ Vanity Fair for the complete Levin Report at this link:
More threatening essentially to break or evade the law from our “Con-Man-In-Chief.” “Normalizing” this erratic, “Third World Dictator” conduct doesn’t make it “normal” or “acceptable.” It reflects on the folks willing to enable and apologize for Trump (although apology is something he never does, no matter how egregious his lies or misconduct.)

Ironically, Trump likely could have had “His Wall” funded if he had been willing to support a bipartisan “Dreamer Compromise” just a few weeks ago.

PWS
03-28-17

BESS LEVIN – THE LEVIN REPORT – After A Year Of Being One Of Trump’s Chief Toadies To Fulfill Dream Of Big Tax Cuts For Fat Cats That Cripple The Government, Screw The Needy, & Blow Up The Deficit, “Spineless Paul” Ryan Panics When Trump Goes Bonkers On Tariffs!

Levin writes for Vanity Fair:

“For his entire adult life and, let’s be honest, probably a good portion of his teen years, Paul Ryan has fantasized about tax cuts the way some people fantasize about having sex with a porn star. Not just any old tax cuts, of course, but the kind that disproportionately benefit corporate America and the upper-echelons of the ultra rich, while handing average Americans an extra buck fifty a paycheck and expecting an outpouring of gratitude in return. We know this because 1) he’s openly and unabashedly obsessed with Ayn Rand, and 2) just a few short months ago, the House Speaker released a sizzle reel highlighting his many urgent calls for tax cuts spanning nearly 20 years in office. In Donald Trump, a man who has never demonstrated conviction in anything other than enriching himself and other people named Trump, Ryan saw an opportunity for his longtime dream to become a reality. That’s why, for more than a year now, Ryan has put up with everything from the president demanding loyalty from the head of the F.B.I. (“he’s new at this!”) to his decision to give Nazis a free pass (“he’s learning!”) to his refusal to release his tax returns, even though Wisconsin’s first son could compel to do so (“tee-hee!”). And in December, Ryan’s commitment to holding his nose and looking the other way paid off, big time.

This week, though, we learned that there are, in fact, limits to what Ryan will put up with, and they involve imperiling the legacy of his tax bill and upsetting his corporate sugar daddies. In the wake of the president’s decision to announce that he plans to effectively start a trade war, Ryan’s spokeswoman, AshLee Strong, said in a statement on Monday: “We are extremely worried about the consequences of a trade war and are urging the White House to not advance with this plan. The new tax-reform law has boosted the economy and we certainly don’t want to jeopardize those gains.” To be clear, most people outside of the G.O.P. already expect the long-term effects of the tax bill to be a deficit-busting mess. But with Trump’s call to slap steel and aluminum imports with 25% and 10% tariffs, more or less out of spite, the havoc wreaked on the economy could be even worse, with experts estimating 146,000 job losses, among other consequences. Presumably, Ryan was also inspired to find his voice on the issue—and to fire off at least one passive-aggressive tweet—on account of the fact that the Koch brothers, who donated half a million dollars to his fundraising committee after the bill passed, harshly condemned the tariffs. And as they teach lawmakers on their first day on Capitol Hill, one mustn’t upset one’s benefactors.

Trump, though, apparently could not care less about Ryan’s (or anyone else’s) concerns, telling reporters Monday “we’re not backing down” and that the tariffs are “100 percent” happening. The U.S., he said, has been “ripped off” by other countries for too long, and “we are going to take care of it.” Perhaps the one ray of hope in this otherwise terrifying situation? Because this whole thing was put together in such a half-assed, completely slipshod way, Trump’s advisers—the ones who support the tariffs—are already hedging their bets:

Peter Navarro, an adviser and the architect of many of Mr. Trump’s campaign-trade promises, confirmed on Sunday that the president would not exclude any country from the tariffs but said individual companies could apply for exemptions for certain products. . . . Navarro [also] left room for change in the timing of the tariffs, which the president said would be signed this week. “Toward the end of the week,” Mr. Navarro said in a separate appearance on CNN’s State of the Union, when asked when the tariffs would be announced. “At the latest, it would be the following week.”

Wilbur Ross, the secretary of commerce, also appeared to leave room for the president to change his mind. “Whatever his final decision is, is what will happen,” Mr. Ross said on NBC’s Meet the Press. “What he has said he has said. If he says something different, it’ll be something different.” “If he for some reason should change his mind, then it will change,” Mr. Ross added, noting that he had no reason to believe that the president would do so.

Or as a top Republican put it to Politico: “I’ve stopped worrying and reacting to the day-to-day because you get all stressed out about something, then you realize tomorrow morning by lunch that it’s never going to happen.”

Report: Trump’s personal lawyer couldn’t believe he wasn’t immediately reimbursed for $130,00 porn-star payment

It’s almost as though you can’t trust a guy who (allegedly!) had an affair with an adult film star named Stormy Daniels right after his wife gave birth to their son:

The lawyer, Michael Cohen, wired the money to a lawyer for former actress Stephanie Clifford, known professionally as Stormy Daniels, from an account at First Republic Bank. The money was received on Oct. 27, 2016, 12 days before the presidential election, another person familiar with the matter said…Mr. Cohen said he missed two deadlines earlier that month to make the $130,000 payment to Ms. Clifford because he couldn’t reach Mr. Trump in the hectic final days of the presidential campaign, the person said.

Ms. Clifford was owed the money in return for signing an agreement that bars her from discussing an alleged sexual encounter with Mr. Trump in 2006, people familiar with the matter said. After Mr. Trump’s victory, Mr. Cohen complained to friends that he had yet to be reimbursed for the payment to Ms. Clifford, the people said.

Honestly, finance departments should really provide expense-report templates for this kind of thing. (Asked for comment from the Wall Street Journal, Cohen responded: “Fake News.”)

You might want to sit down for this . . .

This might come as a shock, but there are whispers the Trump Organization is attempting to profit off the presidency:

In recent weeks, the Trump Organization has ordered the manufacture of new tee markers for golf courses that are emblazoned with the seal of the president of the United States. Under federal law, the seal’s use is permitted only for official government business. Misuse can be a crime.

Past administrations have policed usage vigilantly. In 2005 the Bush administration ordered the satirical news website The Onion to remove a replica of the seal. Grant M. Dixton, associate White House counsel, wrote in a letter to The Onion that the seal “is not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement.”

Area man demands media leave the Trumps alone!

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Now is is a great time to re-read Andy Borowitz’s (all too true) satire on “Spineless Paul” that I reprinted on Courtside in December 2017:

https://www.newyorker.com/humor/borowitz-report/koch-brothers-and-nra-reach-timeshare-agreement-over-ownership-of-paul-ryan

“WASHINGTON (The Borowitz Report)—In a unique accord, the billionaire Koch brothers and the National Rifle Association have reached a timeshare agreement over the ownership of House Speaker Paul Ryan, representatives of both parties have confirmed.

Speaking on behalf of the Kochs, Charles Koch said that he contacted the N.R.A.’s executive director, Wayne LaPierre, with the timeshare proposal “so that we could all get the maximum enjoyment out of owning Paul.”

The arrangement is intended to minimize conflicts between the Kochs and the gun group that have arisen in the past when both co-owners have wanted to use Ryan at the same time, Koch said.

“I said to Wayne, ‘This is craziness,’ ” he said. “ ‘Let’s work something out where you get Paul half the year, and we’ll take him the other half.’ ”

Under the timeshare deal, the Kochs will have the exclusive use of Ryan during the months when tax cuts and environmental deregulation are put to a vote, while the N.R.A. will have him for the months when gun legislation is to be defeated.

Additionally, each co-owner is responsible for insuring that Ryan is well maintained and in good condition when the other’s period of using him commences.

Koch indicated that, if the timeshare agreement is a success, the two parties are likely to work out a similar deal for their longtime joint ownership of Senate Majority Leader Mitch McConnell.”

However, the deep corruption of the GOP and its leaders, from Trump on down, isn’t really something to laugh about. At some point, the “nickel and dime” income boost given to average Americans by the GOP’s totally bogus and unwarranted “tax cuts” for the rich will automatically expire (but, naturally, not for the rich) and the true bill for running up the deficit so the Koch Bros and others can get richer will come due. By that time, conveniently, Trump, Ryan, and hopefully McConnell will be out of office. But, the damage they are doing to our country will be left for others, likely the Democrats, to clean up. That’s what Kleptocracy is all about, folks. Steal what you can when you can and then get out of Dodge while the getting is good!

PWS

03-06-18

THE LEVIN REPORT: “A wise person once said, of working in the White House: ‘It’s worse than you can imagine. An idiot surrounded by clowns . . . I am in a constant state of shock and horror.’” 🤡🤡🤡🤡

Bess Levin writes in Vanity Fair:

“A wise person once said, of working in the White House: “It’s worse than you can imagine. An idiot surrounded by clowns . . . I am in a constant state of shock and horror.” Whether or not that description can be attributed to Gary Cohn or is simply “representative” of his views, we may never know, but it’s obviously a good summation of what life is like inside the capsizing Carnival cruise ship that is the West Wing, particularly over the last 24 hours.

To recap, on Wednesday night, The Washington Post reported that Donald Trump was expected to announce major tariffs on aluminum and steel on Thursday, a development that apparently caught administration officials completely off guard. Though Trump has been itching to start a trade war since he announced his candidacy for president, virtually all of his advisers, outside the truly batshit insane ones, strongly advised against such punitive measures, as they could ultimately hurt many U.S. allies and provoke retaliation by U.S. trading partners, among other terrible consequences. During a June meeting with his Cabinet to discuss the issue, a whopping 22 people were said to be against Trump’s wishes, to the three who weren’t: Commerce Secretary Wilbur Ross, then-senior adviser Steve Bannon, and Trump himself. Unhappy that more people weren’t on his side, Trump reportedly screamed, “I want tariffs. And I want someone to bring me some tariffs!”

With Bannon’s departure, there was a thought that sheer numbers, if not sanity, would prevail. In addition to Cohn, Treasury Secretary Steven Mnuchin, Secretary of State Rex Tillerson, and Secretary of Defense James Mattis have all strenuously argued against the tariffs, warning that they could hurt the global economy, damage key relationships, and threaten national security. That was obviously wishful thinking, though, given that 1) when Trump gets an idea in his head, no matter how dumb it is, he doesn’t let it go, and 2) the president has recently been taking the advice of Peter Navarro, a hard-line trade adviser who makes Bannon look like a “globalist cuck.” (For reference, Navarro wrote a book called Death by China, has encouraged Trump to go after freaking Canada, and thinks the North American Free Trade Agreement is responsible for an increase in spousal abuse, divorce, and infertility.) Considering Navarro’s growing influence in the White House, in retrospect it probably shouldn’t have come as a shock that this afternoon, this happened:

President Trump said on Thursday that he will impose stiff and sweeping tariffs on imports of steel and aluminum as he moved to fulfill a key campaign promise to get tough on foreign competitors. Mr. Trump said he would formally sign the trade measures next week and promised they would be in effect “for a long period of time.” The trade measures would impose tariffs of 25 percent on steel and 10 percent on aluminum. It is unclear whether those would apply to all imports or be targeted toward specific countries, like China, which have been flooding the United States with cheap metals.

The announcement capped a frenetic and chaotic morning inside the White House as Mr. Trump summoned more than a dozen executives from the steel and aluminum industry to the White House, raising expectations that he would announce his long-promised tariffs. However, the legal review of the trade measure was not yet complete and, as of Thursday morning, White House advisers were still discussing various scenarios for tariff levels and which countries could be included, according to people familiar with the deliberations.

It’s hard to overstate how bad of an idea this is. In addition to going against the advice of nearly all of his advisers and most people on Capitol Hill, essentially flipping off the World Trade Organization, and likely alienating important allies, the “JOBS JOBS JOBS” president is putting countless “JOBS” at risk in sectors like the automotive industry that obviously rely on aluminum and steel to manufacture their products. (According Axios’s Jonathan Swan, a report put out by Wilbur “wake me when the meeting is over” Ross that recommended imposing tariffs enraged Cohn because it didn’t factor in such collateral damage. Cohn and other staffers were also reportedly irked by the fact that the report suggested Trump’s fantasy of a manufacturing Renaissance could come true, when everyone knows it’s never gonna happen.)

To give you an idea of how unpopular today’s announcement was, even the Brothers Koch have come out against it, calling the tariffs, via their Americans for Prosperity mouthpiece, “a misguided approach that will hurt American businesses and families by increasing costs and undermining the tax relief just delivered by Congress and President Trump.” Larry Kudlow, whose name as been floated as a possible replacement for Cohn, and who is a huge fan of Trump’s, slammed the move, too, saying “All that will happen with steel tariffs is you will raise prices for all import users and that includes businesses and of course consumers. You will wind up hurting millions of people to help 140,000 people in the steel industry.” But don’t take their word for it. Here’s how Trump’s favorite metric responded:

(For those of you who are not visual learners, what we’re saying is: the Dow plunged 550 points on the news, closing the day down more than 400 points. For a stock-market obsessed president, that’s gotta hurt.)

Scott Pruitt, risking his life, will fly coach

Earlier this month, Environmental Protection Agency chief Scott Pruittcame under fire for routinely flying first or business class when coach would have sufficed. His excuse? That “we live in a very toxic environment politically, particularly around issues of the environment,” and one time someone went up to him in the airport and uttered completely factual statements to his face. From there on out, his security detail decided that flying at the back of the plane was too much of a risk, and that Pruitt’s safety could only be ensured in the part of the aircraft where the booze is on the house. Today, however, this hugely brave American announced that those days are over.

During an interview with CBS News, Pruitt said that he has told his security detail “to accommodate those security threats in alternate ways . . . up to and including, flying coach going forward.”

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Get “The Levin Report” full version here https://tinyletter.com/besslevin/archive

Perhaps showing why we have the Trump “Clownocracy” in the first place, some Dems actually enthusiastically endorsed Trump’s idiotic move. As the late great Casey Stengel might have said, “Can’t anyone here play this game?” Guys, we need steel and aluminum, and we import one heck of a lot more than we make. Even an “economic dummy” like me knows that. So, a trade war that hurts American consumers and manufacturers who use steel and aluminum is going to be a big loser for us. Countries like ours that are, and almost certainly always will be, net importers rather than exporters can’t afford trade wars (particularly with our, perhaps soon to be former, “friends” like Canada & the EU)!

Finally, a “too bizarre not to be true rumor” sweeping the “world of inside the Beltway punditry” is that “Don the Con Man” will fire “Mr. Magoo” (a/k/a “Gonzo Apolyptco,” a/k/a “Jeff Sessions”) and temporarily replace him with the ethically challenged Scott “First Class” Pruitt for long enough to completely dismantle the Justice Department and our system of justice just as he did with our environment and the EPA. Talk about the “GOP Wrecking Crew” and the not-so-smart minority of folks who voted them into power. Vladi must be laughing his tail off!

PWS

03-02-18

BESS LEVIN @ VANITY FAIR: CORPORATE AMERICA HELPED DIVVY UP THE SPOILS AFTER TRUMP & THE GOP LOOTED OUR TREASURY – THEY APPROPRIATED MOST OF THE LUCRE, LEAVING MERE CRUMBS FOR WORKERS – BUT, WHEN THEIR “USEFUL IDIOT” TURNED HIS IDOCY ON “DREAMERS,” THEREBY THREATENING OUR ECONOMIC WELL-BEING, THEY WERE VERY UNHAPPY!

Bess writes:

BESS LEVIN @ VANITY FAIR – TRUMP FINDS A NEW WAY TO BE “A JERK” – PLANNING ANOTHER BOGUS ATTACK ON LEGAL IMMIGRANTS BY EXPANDING CONCEPT OF “PUBLIC CHARGE”

https://www.vanityfair.com/news/2018/02/trumps-spending-spree-global-sell-off-hellacious

Bess actually used a more “colorful descriptor” for Trump. But, since this is a “Family Based Blog” I toned it down a bit. You can go on over to the “Levin Report” at Vanity Fair at the above link for the “tell it like it is” version.

Donald Trump finds a new and unique way to be [ a jerk]

They said it couldn’t be done. They said it wasn’t possible. They said how could he, when he’s seemingly exhausted all possible avenues for an achievement like this? They underestimated him, yet again:

The Trump administration is considering making it harder for foreigners living in the United States to get permanent residency if they have received certain public benefits such as food assistance, in a move that could sharply restrict legal immigration. The Department of Homeland Security has drafted proposed new rules seen by Reuters that would allow immigration officers to scrutinize a potential immigrant’s use of certain taxpayer-funded public benefits to determine if they could become a public burden.

For example, U.S. officials could look at whether the applicant has enrolled a child in government pre-school programs or received subsidies for utility bills or health insurance premiums.

The draft, which reads a lot like it was written by senior adviser Stephen “white American males should be a protected class” Miller, states: “Non-citizens who receive public benefits are not self-sufficient and are relying on the U.S. government and state and local entities for resources instead of their families, sponsors or private organizations. An alien’s receipt of public benefits comes at taxpayer expense and availability of public benefits may provide an incentive for aliens to immigrate to the United States.” As a reminder, when the administration was trying to make the case that the U.S. should restrict the number of refugees it allows into the country to the lowest levels since 1980, it conveniently left out data that showed refugees generate $63 billion more in government revenues than they cost over the last decade. So take the latest immigrants are a drain on the economy and preventing us from Making America Great Again screed with a grain of salt.

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Yeah, whatever term you use, Trump and his White Nationalist xenophobic, racist cabal are at it again. Masses of folks coming to the US to get “welfare” is another “restrictionist myth” used to distort the immigration debate, and whip up anti-immigrant sentiment.

PWS

02-09-18

 

BESS LEVIN @ VANITY FAIR: BULLY-IN-CHIEF “THREATENS STOCK MARKETS!” – “What’s he going to do to the ‘Stock Market’? Fire it? Send it back to its country of origin? Demand it produce its long-form birth certificate?” – NOW THAT THEY ARE IN CHARGE, GOP “SPENDS LIKE DRUNKEN SAILORS,” LEAVING POOR, MIDDLE CLASS, AND FUTURE GENERATIONS TO PICK UP TAB FOR TAX CUTS THAT LINE FAT CATS’ POCKETS!

https://www.vanityfair.com/news/2018/02/trump-stock-market-big-mistake

Bess writes:

“Earlier this week, the Dow Jones Industrial Average plummeted a record-setting 1,597 points, the biggest point decline in history during a single trading session. Donald Trump, who has patted himself on the back for gains in the stock market on a near daily basis since becoming president, was uncharacteristically silent on the matter, while the White House suddenly claimed it was focused on the long-term health of the economy, rather than short-term market fluctuations. However, given his uniquely thin skin, not to mention the fact that the Dow dared to take a nosedive in the middle of one of his speeches, it was only a matter of time before the president weighed in on the matter.

What we expected: perhaps an angry rant sent from his bed in the East Wing, or maybe a targeted attack on one of the many experts who have said, more or less, that he was a fool for tying himself to the market. (Trump may “fancy himself a great expert,” Horizon Investments chief global strategist Greg Valliere told me, but “the markets are . . . tricky and they’re really humbling. Not to be cliché, but you live by the sword and you die by the sword.”) But never in our wildest dreams did we imagine Trump’s counterattack would be something so magnificent as this:

It’s only one tweet. But there’s so much to appreciate:

  1. When Trump says the stock market went down because of “good news,” what he’s referring to is the fact that many have attributed Monday’s drop (as well as last Friday’s) to the strong U.S. employment numbers which, among other things, are leading traders to fear higher wage demands and rising inflation, at a time when the economy is getting a giant, yuuuge stimulus in the form of the tax cuts. Trump was actually warned by a lot of people, who he didn’t listen to, that given where unemployment was—at a multi-year low—and the relative strength of the economy, now was the exact wrong time for a stimulus. (“Passing the tax reform bill is like throwing a small cup of gasoline on a fire that’s already burning,” one expert said.) But he did it anyway, because he’s stupid, and now the markets are worried about a recession (which Trump was also warned about).
  2. You know he has literally no idea how modern financial markets operate and that his basis for the stock market is a bunch of guys holding up little pieces of paper and shouting on the floor of the stock exchange.
  3. Isn’t it great that Trump believes he can bully and intimidate the “Stock Market” like he does his political enemies? What’s he going to do to the “Stock Market”? Fire it? Send it back to its country of origin? Demand it produce its long-form birth certificate?
  4. We’re calling it now: the president is one indignity away from giving the stock market a derogatory epithet. Watch your back, Liddle Stock Market! Fake Tears Stock Market! Low Energy Stock Market! Sad!

Trump (probably) won’t get another shutdown, after all

On Tuesday, the president of the United States said that he’d “love” to see the federal government shut down should Democrats fail to give him what he wants re: cracking down on illegal immigration. But for once, lawmakers do not seem inclined to oblige him. On Wednesday, Senate leaders announcedthat they’d reached a bipartisan spending agreement. And not just anyspending agreement, but a real deficit-buster that will raise spending caps by roughly $300 billion over the next two years. According to The New York Times, the limit imposed on military spending—by a 2011 deal “once seen as a key triumph for Republicans”—will be increased by $80 billion for the current fiscal year and $85 billion for the next one. Nondefense spending will increase by $63 billion this year and $68 billion next year. And while most Republicans have long since given up pretending to care about “fiscal responsibility,” not everyone is pleased.

Jason Pye, vice president FreedomWorks, told the Times that the deal “isn’t just fiscally irresponsible, it’s an abomination,” adding that “no one in Congress who claims that they’re a deficit hawk or a fiscal conservative can justifiably vote for [it].” Freedom Caucus leader Jim Jordan was practically in tears over the idea that Paul Ryan, whom he thought he could trust, would betray his Ayn Randian ideals in such a heinous fashion. Calling the agreement a “monstrosity,” he fumed to Politico “I just never thought that Speaker Ryan—with his history and his background in budget issues, and his concern with the debt and deficit issue—I just never thought that this would be something that the Congress would put forward.” Freedom Caucus member Mo Brooks likewise told reporters, “I’m not only a no; I’m a hell no,” and basically compared the deal to a narcotic: “This spending bill is a debt junkie’s dream,” he said. “Quite frankly, I’m astonished that the Republican Party seems to be the party of big government in this day and age.”

Nancy Pelosi also said she wouldn’t support the budget, but for reasons that Jordan would sooner spit in his mother’s face than get behind. From the House floor, Pelosi said that without an accompanying commitment from Ryan or Mitch McConnell to debate legislation to protect Dreamers, “[the] package does not have my support, nor does it it have the support of a large number of members of our caucus.”

Read the rest of the “Levin Report” at the link.
Another “right on” observation:
  1. “You know he has literally no idea how modern financial markets operate and that his basis for the stock market is a bunch of guys holding up little pieces of paper and shouting on the floor of the stock exchange.”

Kind says it all about what Trump voters and the GOP are doing to America. Ignorance, arrogance, bullying, incoherence, irrationality — what more could we ask for in a “Supreme Leader?” Let’s celebrate with a big (expensive) parade!

PWS

02-08-18

 

THINK THE TRUMP GOP TAX GIVEAWAY TO THE FAT CATS WAS OUTRAGEOUS? – WAIT TILL YOU GET A LOAD OF TRUMP’S LATEST SCAMS!

https://www.vanityfair.com/news/2018/01/trumps-infrastructure-plan-should-scare-the-crap-out-of-you

Bess Levin at Vanity Fair with the “Levin Report:”

“WHY TRUMP’S INFRASTRUCTURE PLAN SHOULD SCARE THE CRAP OUT OF YOU

The president wants to apply his hotel-licensing model to a $1.5 trillion government initiative.

If you only paid attention to the words that tumbled out of his mouth, you might believe that Donald Trump was a successful real-estate developer, just like you might also think he’s a “stable genius” with a “winning temperament” who had a shot with Princess Diana. In reality, none of these things are true. In the wake of multiple bankruptcies, the Trump Organization shifted from developing properties on its own to licensing its founder’s name to others for multi-million-dollar fees, in what Forbes once called a “low-effort, low-risk, high-reward cash flow proposition.” With no capital on the line, Trump was free to sit back with a taco bowl, take a cut of the profit, and deal with none of the consequences if and when a project ran into trouble. And now, he wants to apply the same model to a $1.5 trillion infrastructure deal.

In his State of the Union speech last night, Trump said that he was “calling on Congress to produce a bill that generates at least $1.5 trillion for the new infrastructure investment we need,” noting that “every federal dollar should be leveraged by partnering with State and local governments and, where appropriate, tapping into private sector investment—to permanently fix the infrastructure deficit.” Previously, the administration had said it would put in $200 billion and would expect the private sector, along with state and local governments, to pony up $800 billion for a nice, round $1 trillion plan. Now they’re apparently going to have to dig a little deeper, for no other apparent reason than because Trump thinks $1.5 trillion sounds better. That might seem like a great deal for the federal government, except for the fact that by allocating a mere $200 billion—when you take the White House’s proposed infrastructure cuts into account, it comes out as even less—they’ll have to prioritize corporate profits over the actual needs of the public.

In order to get a return on their investment, which is—understandably!—the only reason private companies will want to get involved here, the government will naturally offer them lucrative tax breaks. But, as The Washington Post points out, unlike typical public-private partnerships wherein the government is the ultimate owner of the road or bridge constructed by a private company, it’ll all be under private ownership.

“PriveCo Equity Partners [get] a gigantic tax incentive to build the bridge, which the company now owns—and which will charge tolls on [it] in perpetuity. Taxpayers could shell out nearly as much in tax incentives to the private company as we would have spent to just build the bridge, and then on top of that you’ll have to pay tolls to cross it—forever. As long as the bridge stands, people are paying extra so PriveCo Equity Partners can make a profit.”

And because Trump & Co. will pay for no more than 20 percent of any given project, states and localities that don’t have the extra funds will most likely be shit out of luck. As the Post’s Paul Waldman notes, “the focus on private investment . . . will naturally privilege projects that can generate a profit for private companies, which probably won’t be the most sorely needed upgrades.” According to a new report released this week by the left-leaning Democracy Forward, under the rubric for judging grant applicants, a whopping 70 percent of a project’s score “would be based on the availability of non-federal revenue,” whereas the “economic and social returns” it could generate make up 5 percent. Sorry, Flint, Michigan! You don’t really need new pipes, right?

Of course, this was all by design. Less scary than the fact that Trump’s friends might financially benefit from the plan is the promise (threat?) he made last night that “any bill must . . . streamline the permitting and approval process,” by which he means gut environmental protections and put public health at risk. On the bright side, no one actually believes that President Hard Hat’s plan will come to fruition, at least not in its current form. “Not to be morbid, but an infrastructure catastrophe could move the needle . . . and spur congressional action,” political strategist Chris Kruegertold Business Insider. “Barring some kind of morbid catalyst, [the plan’s passage] seems extremely unlikely.”

Since the day the Consumer Financial Protection Bureau was formed, Republicans have been raving about how it’s an unconstitutional menace that must be stopped. Unfortunately for people like Representative Jeb Hensarling, who thinks the bureau is a “dictator,” a court has more or less declared that this argument is bullshit:

The structure of the Consumer Financial Protection Bureau is constitutional, an appeals court ruled Wednesday in a blow to President Donald Trump’s efforts to ease regulations on the financial system.

The U.S. Court of Appeals for the District of Columbia Circuit made the ruling in a battle over whether the president could remove the director at will. The court in October had upheld a challenge to the structure but agreed to rehear the case.

Republicans had challenged the C.F.P.B. structure on grounds that the director’s position was unaccountable to the executive branch.

On the bright side, now that the C.F.P.B.’s acting director is a guy who thinks the place shouldn’t exist, he can simply chip away at it from the inside. It’ll require a little more effort and creativity, but if anybody is up to the challenge, it’s MickThe C.F.P.B. is a sick, sad jokeMulvaney.

You get a Twinkie! And you get a Twinkie!

Hostess Brands is using its tax bill savings to reward employees with snacks:

The company, which makes Twinkies, Ding Dongs and Ho Hos, is providing its employees one-time payments of $1,250—with $750 in cash and $500 in the form of a 401(k) contribution. In taking the step, Hostess cited last month’s tax legislation, which slashed the rate for U.S. corporations.

It’s also offering a year’s worth of free food to workers—though they won’t be able to eat all the Ding Dongs they like. A representative from each of Hostess’s bakeries will choose a product each week, and the employees will be able to take home a multipack of that item. The company also makes Hostess CupCakes, Fruit Pies, and Donettes.”

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Gotta love it!

Billions for the fat cats, “Twinkies” for the workers. And, while working his infrastructure scam, Trump and his GOP kleptocrats will be trashing our environment and destroying our health care. I suppose they all will eventually move to a (“Whites Only” — Sorry Ben & Tim) “tax haven” somewhere offshore leaving the rest of us sick and dying in a looted country with an “infrastructure” that nobody needs any more!

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Meanwhile, over at Bloomberg News, reporter Ben Penn exposes a Trump Administration scheme to allow management to steal billions of dollars from waitresses and waiters! That’s right, folks, Trump’s GOP kleptocrats are busy scheming to transfer wealth from the lowest rungs on the economic ladder to the well-to-do! When the Labor Department’s own internal analysis exposed this “ripoff in the making,” the Trumpsters did what any good kleptocrat would do — tried to hide the results from the public (so much for the Trump White House claim of “transparency” in the release of “Vladi’s Agent Devon’s” memo).

“Labor Dept. Ditches Data Showing Bosses Could Skim Waiters’ Tips

Posted Feb. 1, 2018, 6:01 AM

Labor Department leadership scrubbed an unfavorable internal analysis from a new tip pooling proposal, shielding the public from estimates that showed employees could lose out on billions of dollars in gratuities, four current and former DOL sources tell Bloomberg Law.

The agency shelved the economic analysis, compiled by DOL staff, from a December proposal to scrap an Obama administration rule. The proposal would permit tip pooling arrangements that involve restaurant servers and other workers who make tips and back-of-the-house workers who don’t. It sparked outrage from worker advocates who said the move would permit management to essentially skim gratuities by participating in the pools themselves.

Senior department political officials—faced with a government analysis showing that workers could lose billions of dollars in tips as a result of the proposal—ordered staff to revise the data methodology to lessen the expected impact, several of the sources said. Although later calculations showed progressively reduced tip losses, Labor Secretary Alexander Acosta and his team are said to have still been uncomfortable with including the data in the proposal. The officials disagreed with assumptions in the analysis that employers would retain their employees’ gratuities, rather than redistribute the money to other hourly workers. They wound up receiving approval from the White House to publish a proposal Dec. 5 that removed the economic transfer data altogether, the sources said.

The move to drop the analysis means workers, businesses, advocacy groups, and others who want to weigh in on the tip pool proposal will have to do so without seeing the government’s estimate first. The public notice-and-comment period for the proposal is set to end Feb. 5.

The new revelation lends credence to concerns from Democrats and labor organizers that the proposed rule will short change workers. It also raises questions about how much the DOL intends to take public feedback into account in shaping a final version of the rule.

The current and former DOL sources, hailing from both political parties, were all independently briefed by people involved in the rulemaking. They spoke on the condition of anonymity to prevent retaliation against themselves and others.

The Labor Department “works to provide the public accurate analysis based on informed assumptions” a DOL spokesman told Bloomberg Law in an email. The spokesman noted that the department asked the public to comment with suggestions about how to quantify the rule’s impact as part of the proposal. “As previously stated, after receiving public comment, the Department intends to publish an informed cost benefit analysis as part of any final rule.”

The DOL did not address Bloomberg Law’s inquiry as to why the agency did not include the completed transfer analysis in the proposed rule.

The department has previously defended criticism of the proposal by saying the move would lead to higher pay for some low-wage workers who don’t traditionally earn tips, such as dishwashers. The DOL has also argued that managers would be dissuaded from stealing tips, out of fear of employee turnover and decreased morale. The department further noted that it included in the proposal a qualitative analysis, which doesn’t include dollar figures.

OMB Involvement Unclear

Former career and political officials at the DOL and the White House Office of Management and Budget, joined by business and employee-side regulatory attorneys, all told Bloomberg Law that scrapping a completed analysis from a significant proposal would mark a troubling departure from the government’s mission. Agencies and OMB are expected to ensure that all available data are brought to bear during notice-and-comment rulemaking, the sources said.

White House Office of Management and Budget’s regulatory review staff was familiar with the data, before the proposed rule was released, sources said. It’s not clear whether OMB Director Mick Mulvaney approved the deletion of the numbers or whether Neomi Rao, who runs OMB’s Office of Information and Regulatory Affairs, was involved in the decision.

“We do not comment on the interagency review process,” an OMB senior official told Bloomberg Law in an email responding to a series of questions directed at OIRA.

Representatives for the White House and Mulvaney did not respond to requests for comment.

“I have to wonder about the internal pressure brought to bear on OIRA in this case, because historically OIRA’s position has been that analysis is a good thing,” Stuart Shapiro, a career policy analyst at OIRA in the Clinton and Bush presidencies,” told Bloomberg Law. “It helps us make better decisions, it helps us increase the transparency of the regulatory effort.” Shapiro, who reviewed labor regulations in his tenure at the office, is now a Rutgers University professor researching the regulatory process.

Bloomberg Law has filed a Freedom of Information Act request for the transfer report, which is being processed by the DOL’s Wage and Hour Division.

Transparency in Question

The proposal rescinds a 2011 rule that asserted tips are the property of workers who earn them. That revision of the Fair Labor Standards Act covered scenarios in which restaurants and other employers supplemented tipped workers’ earnings by paying at least the full minimum wage.

Since the rule’s release in December, worker advocacy groups and Obama administration officials have vehemently opposed it. They point to language that permits companies to keep gratuities for themselves, provided they pay workers at least the federal minimum wage of $7.25 per hour and don’t apply a tip credit that allows them to pay as little as $2.13 per hour, depending on the state.

The left-leaning think tank Economic Policy Institute attempted to fill the data void by producing an analysis of its own. EPI predicts the proposed rule on tips would lead to $5.8 billion changing hands from workers to businesses, rather than being redistributed among employees as the DOL leadership suggested.

Some worker advocacy attorneys say the absence of the data might violate administrative law.

The existence of economic data has not been previously reported. It comes as President Donald Trump’s labor secretary and OIRA administrator have said they are committed to good government and transparent notice-and-comment rulemaking as they implement the White House demands to cut unnecessary regulations issued during the Obama administration.

Some attorneys have theorized that the Trump administration fast-tracked this rescission to moot the restaurant industry’s request that the U.S. Supreme Court grant review and invalidate the Obama tipping rule.

Acosta Optics

News of the scrapped analysis comes as Acosta has tried to avoid being cast as putting business interests above employees in various legal and regulatory moves.

David Weil, Wage and Hour Division administrator under President Barack Obama, called the new tip rule a boon for the restaurant industry,

“I think it is simply a statement of fact that Secretary Acosta and the people in the political side of the Labor Department who pushed that rule, which was a wonderful Christmas present to the National Restaurant Association, didn’t want the public to understand what kind of transfer we’re talking about,” Weil told Bloomberg Law in December, before the news of an existing analysis publicly surfaced.

Democrats have also placed their thumb on the scale when it comes to regulatory analyses, Leon Sequeira, who ran the DOL policy office in the George W. Bush administration, said.

“Economic analysis is a political football in every administration,” Sequeira told Bloomberg Law. He said the Obama administration DOL provided inadequate cost-benefit analyses that understated the compliance costs on businesses. “If the agency feels that it doesn’t have sufficient information to perform as robust an analysis as some may like, then that’s the precise purpose of the proposed rulemaking—to say to all of these critics, if you’ve got a better idea or different analysis or additional information, by all means send it in.”

“It’s at the final stage, when the agency makes its final decision, that folks need to be concerned about evaluating the rulemaking,” said Sequeira, now a management-side employment attorney in Washington.

The More Data the Better

The DOL insisted in the rule proposal that uncertain employer responses make it difficult to produce reliable estimates of managers participating in tip pools and how customers might change their tipping habits. Former agency officials said, however, that the regulation breaks from protocol because it is still the department’s duty to release a best attempt at the data in the proposed rule.

“To punt on that and say we’ll let the public come up with the economic analysis, that’s really not how the process is intended to work,” Michael Hancock, a former assistant administrator at the WHD, told Bloomberg Law. “The agency has an obligation to provide its best judgment on what the likely impact is economically, and that will give the public an opportunity to comment on that.”

The DOL proposal explained that an analysis of potential benefits and transfers is too speculative at this stage. “The Department is unable to quantify how customers will respond to proposed regulatory changes, which in turn would affect total tipped income and employer behavior,” the agency stated.

One trade association executive, who had no prior knowledge of a shelved analysis, told Bloomberg Law that when it comes to rulemaking, the more information the better. “I would just be troubled if the agency had done economic work that’s directly relevant to rulemaking, and for any reason chose not to include that, because the public has a right to know everything about the rule,” said the source, who spoke on condition of anonymity to address an issue that doesn’t affect the trade association’s members.

The National Restaurant Association, by far the trade group most invested in the rulemaking, has been a massive supporter of the effort. An economic analysis isn’t relevant to this discussion because the 2011 version of the rule didn’t include that type of analysis either, Angelo Amador, the NRA’s senior vice president and regulatory counsel, told Bloomberg Law in December. Plus, Amador said he believes he has the law on his side.

“I do not see how an economic analysis has an impact either way on something that they don’t have the authority to do,” he said. The NRA has litigated the Obama rule since 2011 and has filed a request for review that is pending before the U.S. Supreme Court. Two circuit courts have called the rule an abuse of agency rulemaking authority.

Tough to Estimate

In reality, both business and employee-side sources told Bloomberg Law that it’s difficult to arrive at a confident estimate on this rule change, because of many possible employer and customer reactions, and interactions with a maze of state and local minimum wage laws.

The new methods ordered by the DOL leadership on the tip pool rule reduced the transfer total by changing the industries affected and how the rule would interact with state laws, which dropped the total, a few sources said.

Hancock, whose 20-year career at the WHD spanned three presidents from both parties, said that during the approximately 15-20 economically significant rules he’s worked on, he never once witnessed the agency excluding the cost-benefit analysis from a significant regulation. Lack of data accuracy is no excuse, Hancock said.

“If their view is they’re not really confident with the data you have, you put it out there, you identify those areas where you have uncertainty about the data, and invite the public to fill in those gaps,” said Hancock, who is now of counsel at plaintiff-side firm Cohen Milstein in New York.

The Labor Department’s policy shop played a central role in the tip pooling proposal, as is customary for significant rules. Sequeira, who was heavily involved with the WHD and other agencies in developing regulatory economic analyses in the prior Republican DOL, stopped short of saying whether the DOL behaved inappropriately in this circumstance.

“It’s hard to say,” Sequeira said. “That’s the age-old conspiracy theory with virtually every regulatory proposal that comes out.”

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Kleptocracy, secrecy, anti-democracy, Putinism are at work every day the corrupt Trump Administration and the GOP enablers are in power. The Con-Man-In-Chief!

PWS

02-02-18

BESS LEVIN @ VANITY FAIR: “TRUMP’S ENTIRE NATIVIST AGENDA IS BASED ON A LIE” — OF COURSE WE NEED MORE LEGAL FOREIGN WORKERS – AND NOT JUST “ROCKET SCIENTISTS” – EVEN TRUMP’S BUSINESSES CAN’T LIVE WITHOUT ‘EM!

https://www.vanityfair.com/news/2018/01/trumps-entire-nativist-agenda-is-based-on-a-lie-immigration-trump-winery?mbid=nl_th_5a6274f87df577764ae9be8c&CNDID=48297443&spMailingID=12789821&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1321960766&spReportId=MTMyMTk2MDc2NgS2

Levin writes:

“They’re taking our jobs . . . They’re taking our money. They’re killing us,” is how then-candidate Donald Trumpcharacterized immigrants in July 2015. For nearly two and a half years, the man who practically founded his campaign on anti-immigrant sentiment—“when Mexico sends its people, they’re not sending their best,” was his first attempt at a presidential address—has warned his fellow Americans that immigrants and refugees, regardless of their status, are undermining the economy, driving down wages, and mooching off government benefits at every level. Based on this argument, a man who’s sourced two-thirds of his spouses from Eastern Europe has vowed to increase border control to unprecedented levels; repeatedly demanded a multi-billion-dollar wall that even his chief of staff has called “uninformed”; proffered legislation that would slash legal immigration by 50 percent over the next decade; and made the case that the U.S. should reducethe number of refugees that will be allowed into the country to the lowest level since the Refugee Act of 1980 was created. But one needn’t look further than Trump’s own family business to see that the president’s logic is completely bunk.

Amidst the slew of anti-immigrant rhetoric that spews from the White House on a daily basis, BuzzFeed News reports Trump Winery—an establishment that trades in “Welch’s grape jelly with alcohol” and is owned by Eric Trump—has sought permission to hire 23 more foreign guest workers, according to a Department of Labor petition. The workers were requested under the H-2 visa program, which allows U.S. companies to employ foreign workers on temporary work visas, as long as no qualified U.S. workers want the jobs they’ll be hired to fill. BuzzFeed also reports that companies bearing the Trump name are perennial users of the program, having requested more than 400 H-2 visas since the ex-real-estate developer announced his candidacy. (Neither the White House nor the winery responded to BuzzFeed’s request for comment.)

All of which, ironically, highlights the critical role immigrant labor plays in the U.S. economy—in fact, there is a large amount of evidence that a number of industries (and Mar-a-Lago) wouldn’t survive without it. In April, more than a thousand economists wrote an open letter to the president to give him a refresher on the importance of immigration to the U.S. economy. Separately, experts have estimated that given that as much as 70 percent of the U.S. agricultural workforce doesn’t have valid immigration papers, a wide-scale crackdown could essentially demolish the farming industry. (As Bank of America’s Ethan Harris noted in February, “There’s no way to get people out of the city and into the country to pick crops on short notice without a very dramatic increase in wages”; such an increase would represent a death blow to an industry where profits are already tanking, and which would struggle to afford the spike without passing on massive costs to consumers.) Oh, and remember Trump’s big infrastructure plan—coming any day now!—? Without immigrant labor, it’s basically dead on arrival.

Trump’s White House, of course, has done its best to bury these facts. Back in September, The New York Timesrevealed that after the Department of Health and Human Services found that refugees generated $63 billion more in government revenues than they cost over the past decade, Trump officials, lead by Lady Liberty nemesisStephen Miller, simply rejected the draft. Instead, the three-page report that was ultimately submitted “[used] government data to compare the costs of refugees to Americans and [made] no mention of revenues contributed by refugees.” Presumably, Team Trump will rely on that “data” when it sets the number of refugees the U.S. will take in for the fiscal year, the deadline for which is October 1.”

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Of course we don’t need cuts in legal immigration. And, contrary to what the Trumpsters would have you believe, most adult “family immigrants” work in jobs that are important to our economy. Also, because they have family here, it’s actually easier for them to “adjust and fit in” — something the White Nationalists are always fretting about.

PWS

0123-18

TRUMP’S NEXT ATTACK ON AMERICA: LEGAL IMMIGRATION!

http://www.vanityfair.com/news/2017/07/trump-legal-immigration-crackdown

Bess Levin writes in Vanity Fair:

“The most public components of Donald Trump’s nativist agenda are also, somewhat reassuringly, the most symbolic. Yes, the president wants to build an expensive wall along the southern border to keep “rapists” and “criminals” from Mexico from illegally entering the country, but as even Republicans have pointed out, building a wall is just about the least effective way to secure the border. Life will go on, regardless of whether the president adds an extra foot or two of barbed wire to the eyesore that already stretches across several hundred miles of Texas, Arizona, and California. Trump also wants a figurative fence around the country, in the form of his executive order banning travel from several Muslim-majority countries, but said ban was always designed to be temporary. The president’s long-term ambitions to curtail immigration, meanwhile, have mostly flown under the radar: a plan dreamt up by the White House’s resident nationalists Steve Bannon and Stephen Miller to crack down on legal immigration.

Now, Trump’s endgame appears to be moving into public view. According to a new report from Politico, Miller and Bannon—the latter of whom apparently keeps reminders to himself to restrict immigration “scribbled on the walls of his office” like other people keep reminders to order more ink for the printer—have been working on a bill with Republican Senators Tom Cotton and David Perdue that would cut the number of legal immigrants coming into the U.S. by half, to 500,000, as of 2027. The bill is said to be a “revised and expanded” version of the RAISE Act that Cotton and Perdue presented in February and discussed with the president in March.

The lawmakers, along with Miller, Bannon, and Trump, argue that allowing lower-skilled immigrants into the country hurts job prospects and suppresses wages for American-born workers. In addition to wanting to restrict the overall number of legal immigrants, they want to shift to a merit-based system in which foreigners who are granted entry, for example, hold advanced degrees or demonstrate a particular “extraordinary ability” in their given field. That dovetails with the White House’s desire to “limit citizenship and migration to those who pay taxes and earn higher wages.” Last month, in a display of his infinite generosity, particularly toward those who haven’t “made a fortune,” Trump promised that legislation banning legal immigrants from coming into the U.S. if they were expected to rely on any kind of welfare would be coming “very shortly.”

The move will likely appeal to Trump’s base. Unfortunately, a restrictionist immigration policy could backfire for the same set of voters. In April, 1,470 economists wrote an open letter to the president explaining that, actually, the economy benefits from immigration, describing it as “not just a good thing” but “a necessity.” Senators like Lindsey Graham and John McCain have also argued that the economy gets a boost from cheaper labor. Mountains of evidence suggest native workers aren’t interested in the kind of grueling, seasonal, low-wage employment that is typically the domain of recent immigrants. Experts have warned that a crackdown on immigration could, for example, destroy the U.S. agriculture industry, whose workforce is disproportionally made up of foreigners.

Of course, wanting to drastically restrict legal immigration and actually getting a bill passed to do so are two very different things, and Team Trump faces a steep uphill battle, given that G.O.P. lawmakers like Graham and McCain are against it. There are also more pressing matters to attend to, including but not limited to: health care, tax reform, and avoiding a government shutdown in September. Building a border wall around the entire country might have to wait.”

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The white nationalist agenda is a threat to America. Immigration is good for America. And, the real answer to the “immigration enforcement issue” is more, not less, legal immigration. This is particularly true with a declining birth rate and an expanding economy. Without the benefits of immigration, the U.S. economy is doomed to stagnate like the economies of Japan and some European countries.

PWS

07-13-17