A Trump news companion

Wonder if there’s anything about the president in the news today…

Hmmm, a lawyer who worked for Donald Trump in his private company before he became president, and I guess for a little time after he became president, pleaded guilty to some bank fraud charges today…oh, but also to some federal election law violations.  Michael Cohen admitted to arranging payments to two women to keep them from telling secrets that would damage the campaign of Dona…well, he doesn’t actually name the candidate whose campaign would have been harmed, but it’s clear who it was.  (It was Trump.)  Those are the payments to Karen McDougal and to Stephanie Clifford (Stormy Daniels), women who claimed to have had sexual relationships with Trump, relationships which he still denies…although his lawyer now admits in court to making the payments to keep the stories of those affairs quiet (hell of a lot of good that did!) and says that Trump repaid him, although Trump denies even knowing anything about the payments.   Something doesn’t quite synch up here.  Those bank fraud charges were about his other business operations, nothing to do with Trump.

What else…

Oh, the guy who was the Trump campaign chairman for a few minutes in 2016 was found guilty by a federal jury of eight tax and bank fraud charges (and got a hung jury on ten other counts)…looks like all those crimes had nothing to do with Trump, either, except maybe give us another data point on Trump as a judge of character.  Let’s see, along with Paul Manafort and Cohen, we have:

  • Michael Flynn, retired general who was fired as national security adviser over “trust” issues, who pled guilty to lying to the FBI about his pre-inauguration contacts with Russia’s ambassador to the U.S.
  • Rick Gates, another former Trump campaign official and inaugural committee official, and Manafort business partner, who has admitted committing crimes with Manafort
  • George Papadopoulos, a one-time Trump campaign adviser who pleaded guilty to lying to the FBI about his attempts to set up meetings between the Trump campaign and representatives of Russia
  • Twelve Russian intelligence officers indicted for hacking the Democratic National Committee
  • Thirteen Russian nationals and three Russian companies indicted for interfering in the American political system

…and those are just the people collared, so far, by the Special Counsel Robert Mueller’s investigation.  (Never before seen a witch hunt that came back with so many witches in just a year’s time, have you?)  Can Trump have been that bad a judge of character?  Maybe he’s actually a really good judge of character, and found what he was looking for: like all those people that Mr. Mueller has taken an interest in.  Maybe like his pal Omarosa, who he loved so much before he said mean things about her.

Trump’s argument is Manigault Newman:

  • Was only hired because she begged for a job, and he acquiesced.
  • Was not smart.
  • Was broadly disliked and mean to people.
  • Constantly missed meetings and skipped work.
  • Struck [Chief of Staff John] Kelly so negatively he suggested she be fired, and, perhaps most damningly.
  • Was of such questionable quality as an employee that she failed to win his reality show three times.

But she kept her job, even after Kelly complained—Kelly, whose job was to guide Trump’s White House staff.  Why?  What is the one quality Manigault Newman possessed that was sufficient for Trump to argue she keep her job?

She praised Trump.

Maybe he’s getting what he got because he looked for people who reminded him of him, or who at least were willing to swim in the same pool as him.

The problem with being Donald Trump isn’t just being Donald Trump. It’s all the other, lesser Trumps around you. It’s the versions of yourself that you create, the echoes of yourself that you inspire. They’ll devour you in the end.

I don’t mean his biological offspring, though they’re no picnic. I mean his spiritual spawn. I mean the knaves, nuts, schemers and dreamers who have taken their cues from him or turned his lessons against him. This is their moment. This is their month.

What was that other thing about Manafort I just saw?  Oh yeah:

https://twitter.com/armandodkos/status/1031352565957570560

I’m reading that people from the Trump Administration who at his West Virginia rally tonight are reportedly busy reminding people that a president can’t be indicted; wonder why they think that’s important to say right now?  (My understanding is that it’s Justice Department policy not to indict a sitting president, but not a law.)

Remember when the former Navy Seal who ran the mission that got Bin Laden wrote a letter to Trump that said “revoke my security clearance” after the president did that to John Brennan, the former CIA chief who’s been very critical of Trump’s actions as president (to say the least)?  In that letter Bill McRaven said something that was echoed the next day by more than a dozen other former high-ranking intelligence agency officials who criticized Trump for playing political games with the country’s security:

Like most Americans, I had hoped that when you became president, you would rise to the occasion and become the leader this great nation needs.

A good leader tries to embody the best qualities of his or her organization. A good leader sets the example for others to follow. A good leader always puts the welfare of others before himself or herself.

Your leadership, however, has shown little of these qualities. Through your actions, you have embarrassed us in the eyes of our children, humiliated us on the world stage and, worst of all, divided us as a nation.

If you think for a moment that your McCarthy-era tactics will suppress the voices of criticism, you are sadly mistaken. The criticism will continue until you become the leader we prayed you would be.

(I think he’s being polite with that very last bit there…)

Well, there was a weird next chapter in that story today: with his very own thumbs (I think, given the odd capitalization) the president wrote on his Twitter that former director of national intelligence James Clapper “admonished John Brennan for having gone totally off the rails.  Maybe Clapper is being nice to me so he doesn’t lose his Security Clearance for lying to Congress!”  Not sure what Clapper actually said, but what University of Texas law professor Steve Vladeck said about Trump’s Tweet ought to be talked about:

https://twitter.com/steve_vladeck/status/1031858602330542080

I think I’m ready for the sports section now…

You don’t need to be “deaf, dumb and blind” to be fair

Read this from Vox.com, this is very good.  It’s helped me think more clearly in considering whether there’s been a rush to judgment against men recently accused of sexual assault and harassment.

First, I’ll go out on a limb and say, I’m against sexual harassment and sexual assault.  I’m against men with professional or financial power using that power against women.  I believe the women who are making the accusations, especially when the men choose not to put up much of a defense and just disappear (anyone hear anything from Charlie Rose lately?); I do not reject the accusations just because they are being made by women, or because I believe that the men are somehow being treated unfairly.

I have wondered if there are cases in which the past has been turned on its head.  Used to be, a woman’s accusation of misconduct against her boss, for example, was dismissed out of hand as not being credible, and the justice system has long made it difficult for a woman to prosecute a case against her rapist…men in charge protecting other men lest they be the next to stand accused.  But since The New York Times and The New Yorker broke stories about movie producer Harvey Weinstein last year, the tide has turned and we’re told we must believe the woman.  #MeToo proponents and others argue that women who have been harassed or assaulted do not lie about it.  OK, I’m with you.  But are there women who were not harassed or assaulted who are lying, who are making false accusations?  In our newfound effort to correct past wrongs, are we being appropriately concerned about that possibility?

Dozens of power brokers have been the subject of allegations of abuse and sexual misconduct since Bill O’Reilly was ousted from Fox News in April 2017. And as more and more figures face consequences — financial, political, professional, and legal — for their bad behavior, one term that comes up over and over again is “due process,” referring to the legal concept enshrined in the Constitution.

Even President Donald Trump is in on it: In a tweet on Saturday, apparently prompted by the resignations of two of his aides, Rob Porter and David Sorensen following allegations of domestic abuse, the president lamented the number of “lives being shattered” by a “mere allegation” of misconduct. “Is there no such thing any longer as Due Process?” he asked, almost plaintively. But what does due process really mean today, now that people have begun to invoke it as a cultural concept?

I asked seven legal scholars and experts what due process is, with the understanding that in legal circles the question is essentially an existential one. Due process in court is one thing — in the court of public opinion, it is a much more fluid notion, entangling questions of what is fair, what is reasonable to believe, and what rings emotionally true.

The first of the seven, former federal judge Shira Scheindlin, makes a case that I find very clear and persuasive, clarifying that “due process” in a court of law is not the same as that which a reasonable man or woman should give to public accusations such as these:

The Fifth Amendment to the United States Constitution, provides, inter alia, that “No person shall be deprived of life, liberty or property without due process of law.” This legal standard means what is says. Certainly Rob Porter, and others who have been accused of sexual abuse or harassment, are not being deprived of their life or their liberty as a result of the allegations made against them. Property is a closer question in that some have lost their jobs — and the income resulting from that employment — as a result of accusations rather than proof in a court of law. Nonetheless, in most instances the question is not one of civil or criminal liability. Rather, the question is whether given the quality of the allegations, the person against whom the allegations have been made, should remain in the position of trust, confidence, and responsibility which he (and it usually is he) currently holds.

(snip)

But when a business, a government entity, or a voter must decide whether someone is fit for his position, the decision process is of necessity much less formal, quicker, and truncated. A judgment call must be made and it often must be made quickly. The due process of a court action is often a very complicated and lengthy affair, involving pre-trial discovery, witnesses, and a judicial proceeding. But given the stakes of loss of life or liberty that makes sense. In context, the accusations that cause a person to lose his job must be evaluated by the employer who must make a judgment call based on the strength of those allegations. There is nothing wrong with that. If the person removed from his position feels aggrieved he is welcome to bring a case in court in which he would have the burden of showing that he was wrongfully terminated. In that proceeding I have no doubt that the underlying accusations would be fully aired. That may be why so few — if any of the accused — have pursed this course.

Law professor and author Michael Meltsner of Northeastern University agrees that there is a distinction between due process as a legal concept as compared to a societal norm, and warns that raising that flag in these cases “can be an ideological screen behind which abusers or those defending them try to justify, deflect or delay condemnation.”  (He didn’t say it here but it made me think of President Trump, the credibly-accused, and self-confessed, harasser and assaulter of girls and women.)

What often gets lost in the wake of allegations of sexual abuse is that even the most flexible construct of due process focuses us on a struggle for fairness in the face of our human tendency to rush toward moral judgment. But just as importantly, due process isn’t deaf, dumb, and blind. It is essentially evidence-based, so where the facts have emerged — and we have a plethora of such examples now before us — no one need hesitate to pass judgment. At the same time, due process suggests being wary of broadsides that read all accusations identically. Human behavior, especially where sex, gender and power are concerned is often hard to fathom. Because one size rarely fits all, we are constantly challenged to name, call out, and demand action while at the same time accepting nuance and complexity. If this suggests closing your Twitter account, so be it.

This is not the president you’re looking for

I get tired of feeling like I have to write about Donald Trump, and about what he has done and is doing to our country and our society.  I get tired of reading about the topic, too: it’s unhappy, repetitive, disillusioning news for anyone who believes in the American ideals of justice and tolerance and fair treatment and service to others.

The thing is, we can’t stop reading and writing about it because it’s too important.  None of us should just let what Trump and the Trumpettes are doing become background noise, or just blindly trust that someone somewhere will take care of it all eventually and things can go back to the way they were.  (First of all, things the way they were weren’t all that grand, but still…)  The least we can do is keep reminding ourselves and others of what is really happening—to recognize reality, to see the truth—and remind ourselves and others that things are not supposed to be like this.  We have to stand up for ourselves, and for our country.

David Brooks of the New York Times did a good job of that last week, sadly reminding the Republican Party and those who claim loyalty to its beliefs that they’ve betrayed their own ideals and are letting their party rot away.  He told Republicans who believed “…You didn’t have to tie yourself hip to hip with Donald Trump…You could sort of float along in the middle, and keep your head down until this whole Trump thing passed…it’s clear that middle ground doesn’t exist.”

First, [Trump] asked the party to swallow the idea of a narcissistic sexual harasser and a routine liar as its party leader. Then he asked the party to accept his comprehensive ignorance and his politics of racial division. Now he asks the party to give up its reputation for fiscal conservatism. At the same time he asks the party to become the party of Roy Moore, the party of bigotry, alleged sexual harassment and child assault.

There is no end to what Trump will ask of his party. He is defined by shamelessness, and so there is no bottom. And apparently there is no end to what regular Republicans are willing to give him. Trump may soon ask them to accept his firing of Robert Mueller, and yes, after some sighing, they will accept that, too.

That’s the way these corrupt bargains always work. You think you’re only giving your tormentor a little piece of yourself, but he keeps asking and asking, and before long he owns your entire soul.

The Republican Party is doing harm to every cause it purports to serve. If Republicans accept Roy Moore as a United States senator, they may, for a couple years, have one more vote for a justice or a tax cut, but they will have made their party loathsome for an entire generation. The pro-life cause will be forever associated with moral hypocrisy on an epic scale. The word “evangelical” is already being discredited for an entire generation. Young people and people of color look at the Trump-Moore G.O.P. and they are repulsed, maybe forever.

You don’t help your cause by wrapping your arms around an alleged sexual predator and a patriarchic bigot. You don’t help your cause by putting the pursuit of power above character, by worshiping at the feet of some loutish man or another, by claiming the ends justify any means. You don’t successfully rationalize your own tawdriness by claiming your opponents are satanic. You don’t save Christianity by betraying its message.

(snip)

The Republican Party I grew up with admired excellence. It admired intellectual excellence (Milton Friedman, William F. Buckley), moral excellence (John Paul II, Natan Sharansky) and excellent leaders (James Baker, Jeane Kirkpatrick). Populism abandoned all that — and had to by its very nature. Excellence is hierarchical. Excellence requires work, time, experience and talent. Populism doesn’t believe in hierarchy. Populism doesn’t demand the effort required to understand the best that has been thought and said. Populism celebrates the quick slogan, the impulsive slash, the easy ignorant assertion. Populism is blind to mastery and embraces mediocrity.

(snip)

[Unlike the tax cuts of 30 to 40 years ago] Today’s tax cuts have no bipartisan support. They have no intellectual grounding, no body of supporting evidence. They do not respond to the central crisis of our time. They have no vision of the common good, except that Republican donors should get more money and Democratic donors should have less.

The rot afflicting the G.O.P. is comprehensive — moral, intellectual, political and reputational. More and more former Republicans wake up every day and realize: “I’m homeless. I’m politically homeless.”

We don’t have to end up that way; we don’t have to let it happen.  Start with this Jedi-mind-trick chant: this is not the president you’re looking for…

Seatbacks in the upright and locked position, please; we’re about to encounter some (more) turbulence

If you were thinking that someday the chickens of justice would come home to roust, probably in that thing on the top of Donald Trump’s head, then today could be the day they start.  Very excited at the news of the first indictments in special prosecutor Robert Mueller’s investigation and of charges against three people, including a guilty plea that ties the Trump presidential campaign to Russian attempts to influence the election.  En garde!

One-time Trump campaign chairman Paul Manafort and his longtime business partner Rick Gates are named in indictments alleging felony conspiracy, but the indictments make no reference to the presidential campaign nor any reference to coordination between the campaign and Russia.  Up front, let’s remember that an indictment is not proof of a crime, and that Manafort and Gates both pleaded not guilty to the charges today.  But let’s remember as well that an experienced and skilled investigator and prosecutor like Mueller doesn’t go the grand jury with charges without having a strong case.  (Yes, yes, I know about grand juries and ham sandwiches, but still.)  Also, we should have faith that this is just the first public step in a well-developed-and-researched case(s), not the last.

Why was it again that Manafort was the former campaign chairman?  Oh yeah, because he was fired from the campaign after it was learned he’d received more than $12 million in payments from a former president of Ukraine, a pro-Russia politician whom he had worked with for years, that he had failed to disclose.  And for what has he been indicted?  Conspiracy against the United States of America, conspiracy to launder money, and more.

I believe in giving credit where it’s due, especially in areas where it rarely ever is: the president was accurate when he tweeted this morning that the indictments of Manafort and Gates make no reference to the Trump campaign, nor do they allege wrongdoing in relation to the campaign.  Now, on the other hand (you saw this coming), he tweets that as if it’s all that needs to be said ever again on the topic, as if that proves the ultimate innocence of Trump, and all the Trumpets, and the campaign, of all the Russia allegations, and then (of course) uses it as a springboard (again) to suggest the real investigation should be aimed at Hillary Clinton.  (Heavy sigh.)

But he offers no comment at all on the rest of the indictment news, which I think is far more important on its face: the fact that former campaign foreign policy adviser George Papadopoulos pled guilty earlier this month to lying to the FBI in the Mueller probe, which is the “most explicit evidence [so far] connecting the Trump campaign to the Russian government’s meddling in last year’s election.”

Short version: Papadopoulos tried repeatedly to arrange a meeting between a London-based professor and Trump campaign officials…because he was told by the professor in April of 2016 that the Russians had “dirt” on Clinton in the form of thousands of emails, at a time long before the hacks of the Democratic National Committee and Clinton’s campaign were public knowledge…and then he lied to the FBI about how valuable he considered the professor but now acknowledges he knew then that the professor had “substantial connections” to Vladimir Putin’s government.

It’s unbecoming for a graying, overweight man in his 60s who is not Santa Claus to be giddy, but I’m right on the edge of that with today’s news.  Mueller is ready to start showing his cards, and I trust that he (a) is smart enough to believe he has the goods, and (b) has all the ducks properly aligned, before he starts to deal the cards.  Charles Pierce has the same feeling: this is just the beginning, or as he puts it, the snowball has started to roll downhill:

For a while on Monday, whomever in the White House is charged with the task of hiding the presidential* telephone had done a fairly good job. The president*’s Twitter account was rigged for silent running. Republican congresscritters also were maintaining a discreet distance in the immediate aftermath of the news. (Congressman Sean Duffy of Wisconsin popped up on Three Dolts On A Divan to say “dossier,” “Hillary,” and “uranium” a few times, but his heart didn’t seem to be in it.)

At the very least, it would seem to me, Republican congressional leaders ought to be forced to take a position as to what they would do if the president* fired Robert Mueller now that the first shoe has dropped. This should be an easy one, of course, but there is that tax bill to pass, and all that money to shove upwards to the donors, so obligations to the Constitution can wait.

This isn’t going to go like a Perry Mason murder trial, where the real killer suddenly feels remorse and rises to confess the whole thing.  Trump won’t go away easy; we can expect he’ll resist every step of the way because he still believes he’s smarter and luckier (and richer, and better looking) than everyone else.   And of course, there’s the general understanding that he will lie…about everything, as he has done, even when lying doesn’t help his cause.  He operates as if he firmly believes that everyone accepts everything he says as gospel because, well, because it’s him saying it; the fact that he is often wrong and contradicts himself is apparently irrelevant to the true believers.  Now, that was probably a good bet to be true when he lived in a universe wholly populated by people dependent on him for their financial well being.  For the rest of us, the vast majority of the world’s people who don’t have a financial relationship with Trump, it’s annoying and pathetic.  But we know it’s coming, so we’ll deal with it.

Despite the agony I imagine the president will put the country through, I admit I relish the thought of that day when we’ll get to see this guy go up in flames.  But it won’t be tomorrow…author Kevin Kruse (@KevinMKruse) tweeted a reminder earlier today that it was almost two years between the first Watergate-related indictments (of the Watergate burglars) and Richard Nixon’s resignation.  And it was close to the end of that period before the Republican Congressional leadership moved past their private disgust and went public with their opposition to the president of their own party.

There’s no encouraging reading yet on how far the Republicans who control Congress today will let this go before publicly standing up to the White House.  You’d like to think they’d already be taking a stand against a good bit of what Trump has been doing, but as Pierce noted, there are still rich Americans in desperate need of tax cuts, which means Republicans have some pipers to pay before they can stand up for America.

Donald the Dog Whistler

It’s not the fact that there are throwbacks like the people who marched in support of a Robert E. Lee statue in a park in Charlottesville, Virginia, yesterday that surprises me.  Saddens me, yes, but doesn’t surprise.  The only part about all that happened yesterday that did surprise was the response to it all from the president of the United States: I don’t know if he was excrutiatingly selective about his words, or just tone deaf, but he couldn’t find the words, or even the Tweets, to condemn white supremacists.

https://twitter.com/MerryRey/status/827416649582125056

https://twitter.com/RicoGagliano/status/896476997031014400

https://twitter.com/benjaminwittes/status/896489642266157057

He didn’t/wouldn’t take sides in a fight over basic human rights, or even pretend to take sides and be seen as part of the mainstream.

https://twitter.com/tribelaw/status/896570074076766209

What he did do yesterday was dog-whistle a message to some of his supporters, the people who knew he was an ignorant, truth-impaired, narcissistic megalomaniac with the attention span of a two year old but voted for him anyway, because when he promised to “make America great again” they heard “take our country back.”  If we didn’t realize a long time ago what that means to those people, we know now:

The turmoil in Charlottesville began with a march Friday night by white nationalists on the campus of the University of Virginia and escalated Saturday morning as demonstrators from both sides gathered in and around the park. Waving Confederate flags, chanting Nazi-era slogans, wearing helmets and carrying shields, the white nationalists converged on the Lee statue inside the park and began chanting phrases like “You will not replace us” and “Jews will not replace us.”

(snip)

“We’re going to fulfill the promises of Donald Trump” to “take our country back,” said Mr. [David] Duke, a former imperial wizard of the Ku Klux Klan. Many of the white nationalist protesters carried campaign signs for Mr. Trump.

The White House is trying to cover his ass about it today, but what the president said yesterday—when it happened; when it mattered—was “We condemn in the strongest possible terms this egregious display of hatred, bigotry, and violence.  On many sides; on many sides.”

Meaning what, exactly?

Yesterday in Slate, Josh Levin had a great answer to that question:

He then said those three words again—“On many sides”—as if to emphasize that this throwaway phrase was in fact the only bit of his short speech that he truly believed in. He did not talk about white supremacy, and he did not note the prevalence of racist chants. The troubles in Charlottesville, the president said, were everyone’s fault. Or, to put it another way, nobody in particular was more responsible than anyone else for what happened in Virginia this weekend. Not the president. Not the party that enabled him. Not even those who idolize Adolf Hitler.

Trump’s refusal to condemn white supremacist violence, coming on the heels of his silence in the aftermath of last week’s mosque bombing in Minnesota, is just the latest affirmation of his fundamental immorality. The president’s racist, anti-Semitic, Muslim-hating acolytes heard the words Trump didn’t say on Saturday. They know they have an ally in the White House, a man who will abet anyone who abets his own hold on power.

Don’t think that it’s only the liberal mainstream media that thinks Trump is favoring the white supremacists—the white supremacists noticed, and cheered, the fact that he did not attack them and their ideology!

Trump comments were good. He didn’t attack us. He just said the nation should come together. Nothing specific against us.

He said that we need to study why people are so angry, and implied that there was hate… on both sides!

So he implied the antifa are haters.

There was virtually no counter-signaling of us at all.

He said he loves us all.

Also refused to answer a question about White Nationalists supporting him.

No condemnation at all.

When asked to condemn, he just walked out of the room.

Really, really good.

God bless him.

He’s had another 24 hours to think about it, to articulate his beliefs, to try to make clear to people how he feels on the subject.  As of post time, he has not.  [UPDATE 8/14: Here‘s what he had to say today; it does not seem to me that his heart was in it.] [ANOTHER UPDATE 8/15: Never mind, he took it back.]

https://twitter.com/jk_rowling/status/896406206901833729

Josh Levin:

On a day that called for the president to take a stand, he instead made a perverse call for unity. “I love the people of our country,” Trump said at the end of his Bedminster Address. “I love all of the people of our country. We’re going to make America great again. But we’re going to make it great for all of the people of the United States of America.”

The neo-Nazis in Charlottesville heard that call, and so did the posters on the Daily Stormer. “On many sides,” Trump said. These are not anodyne words. They are dangerous ones. On Saturday, the president had the chance to tell the nation what it is he does and doesn’t believe in. That’s exactly what he did.

https://twitter.com/Mike_Eagle/status/896514685201035264

You could also check out this fine Twitter thread from yesterday, if you want to have a think about the gist of the protest from the white supremacists:

https://twitter.com/JuliusGoat/status/896326301832925184