The story of the film so far

The top level news from Special Counsel Robert Mueller’s report to the attorney general on his investigation of Russian interference in the 2016 presidential election is important confirmation: the Russians did try to influence the outcome of our 2016 presidential election.  Based on Bill Barr’s summary of the report sent to Congress last Sunday, the only currently available report on the report’s contents (a source I choose to trust, as I trust the effort of Mueller’s team), we should now have no reasonable disagreement that Vladimir Putin’s government committed cyber war on our country, and that we should be doing something about it.  I know our president has belittled that notion in the past (disagreeing with the findings of our country’s intelligence community; not clear why), but if he’s going to accept the other conclusions from the Mueller investigation he’ll have a hard time disagreeing with this one by blaming the messenger.  (I say that despite Trump’s demonstrated disdain for anything approaching intellectual consistency, but still…)

Next up: Mueller does not find evidence to indicate that Trump or any of the people in his campaign intentionally or unintentionally worked with the Russians to influence the outcome of the election: “The investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.”  I find I agree with the analysis that this is good news…for everybody.  For Trump, certainly, in that it seems to clear him from being pursued criminally in that respect, reduces the chance of impeachment proceedings, and provides a political boost for his 2020 campaign.  But also for our country, in that we can take some solace in knowing that our president and his people did not conspire with a foreign government to seize power.  This was never a given, sadly, so it’s good to know now.

I also agree with the many who argue for the public release of Mueller’s complete report.  A shorthand argument: if the report “completely exonerates” Trump, as he insists it does, then we should all get to share the happy details.  A good longer version comes from David French in Sunday’s National Review:

The American people need full disclosure — and not just of the Mueller report itself. We need to see relevant FISA applications, supporting documents, classified testimony, and any other evidence relevant to not just the Mueller investigation itself but also to the inception of the Trump–Russia investigation. This conclusion is rendered even more urgent by two important political realities.

The first relates to the obstruction of justice. As Barr explains in his letter, the Mueller report neither accuses Trump of committing obstruction of justice in the course of the investigation, nor does it exonerate him [emphasis added]. Instead, the attorney general and deputy attorney general (both Trump appointees) examined the evidence and concluded that the evidence was “not sufficient” to conclude that the president obstructed justice. Democrats will trust this conclusion exactly as much as Republicans would trust a Democratic attorney general to evaluate the actions of a Democratic president.

(snip)

…nothing in Barr’s letter excuses the fact that Trump hired and surrounded himself with some of the worst people in politics — felons and liars who sometimes committed crimes in the ham-handed attempt to cover up their own contacts or attempted contacts with Russian assets or operatives. The president’s personal lawyer, his campaign chair, his longtime friend and adviser, and his first national-security adviser (among others) each engaged in patterns of deception that were not only criminal, they created real and genuine alarm in fair-minded Americans that at least some people in the president’s inner circle were more than willing to work with our enemies abroad to gain financial or political advantage here at home.

But these facts notwithstanding, there are still grounds for immense relief that America’s most recent presidential election has been (further) legitimized and that years of speculation about President Trump’s ties to the Russian government have proven unfounded. These last 30 months of investigations — beginning well before Mueller’s appointment — are among the most divisive and contentious events in modern political history. As we wait to read the full report and move into the inevitable battles over its contents, we can be sure that more division and contention await. Yet today, at least, we can be grateful for the good news we have, and it is good news indeed.

Mark Joseph Stern echoes French’s argument in the sense that full disclosure of the Mueller report is also necessary for analysts to determine if Barr’s quick assessment and summary of the results of the 22-month investigation were an improper effort to head off further action against the president who appointed him to the job.

Barr outlined one key finding unambiguously: The Trump campaign, he wrote, did not coordinate with the Russian government to influence the 2016 election. That conclusion will come as a great relief to the president and his supporters, if Mueller’s report is as clear-cut as Barr indicates. But the attorney general’s summary includes a second finding that is confusing and equivocal. Mueller, Barr wrote, left “unresolved” the question of whether Trump obstructed justice. He instead laid out “evidence of both sides” and allowed Barr, along with Deputy Attorney General Rod Rosenstein, to use those findings to determine whether the president committed obstruction. On the basis of this evidence and analysis—which we cannot yet evaluate—Barr and Rosenstein decided that Trump did not commit such an offense.

This portion of the summary will remain a puzzle until Mueller’s report is released to the public. But Barr provided a clue to his reasoning, by suggesting that he did not see evidence Trump hampered the Russia probe with “corrupt intent.” As former Acting Solicitor General Neal Katyal has noted, it is hard to understand how Barr, or Mueller, or anyone, could gauge Trump’s intent, because the president has not been interviewed about his intentions. Why not? We know at least one person vigorously opposed to compelling Trump to submit to an interview: Bill Barr, whose 2018 memo declared that Mueller could not legally do so.

The full report will be beneficial to Congressional committees, too, to the extent that they are resolved to pull their heads out of their asses and start providing checks and balances of the executive branch rather than being the president’s cheering section and public defender.

So we wait, for…who knows how long.  Barr has said he’s all about the transparency, the president says he doesn’t mind at all if the report is made public, but there’s no requirement in law that it ever be released to anyone other than the AG nor any mention of a time limit for so doing.  That’s given Dahlia Lithwick time to bemoan the fact that facts don’t, in fact, seem to matter…that this issue has already devolved into political posturing and stupidity without most of us ever seeing what Mueller did, in fact, report.

Someday, when we’re sitting around the electronic campfires we’ve lit to pretend-warm the huts in our Mars colonies, we will tell our grandchildren about whatever vestigial memories we have of facts. Perhaps we will be able to date their demise to the 46-ish hours between the announcement on Friday, March 22, 2019, that Robert Mueller had submitted his final report to Attorney General William Barr, and the letter Barr released on Sunday, March 24, 2019, which purported to summarize its contents and legal conclusions entirely.

In those 46 hours, there were exactly two facts known: that nobody else had been indicted by Mueller, and that Barr did not find any proposed action by Mueller to be “inappropriate or unwarranted.” That was, quite literally, all we knew. And into that void—that absence of facts—swept the spin. On Fox News, the declamation came forth that there had been an actual finding, of, what else, “no collusion.” Indeed, as Justin Peters noted, the television news station that exists exclusively to protect and defend the president’s preferred narrative declared, without basis in any publicly known or knowable fact, that it was “No Collusion Day!” While every other network was trying to parse out scenarios and future outcomes, and carefully explaining that nothing definitive had been shared with the public, conservative media and congressional Republicans were already claiming that the facts had been amassed, and assessed and released, and supported their cause. Were they clairvoyant? Did they have some insider information? No, they just had the special feeling they get at Fox: The facts are not material to the claim. In the absence of any knowable facts, Republicans declare victory and invent their own. In the absence of any knowable facts, Democrats declare defeat.

Still, you kinda feel like there’s so much more to know, so much more you want to know.  We need to know…

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Turning mourning in America into the dawn of a better day

George Bush himself would not countenance that we grieve so long or loudly for him, just another citizen on the same journey as the rest of us.  But I sense he wouldn’t disagree with those who use the occasion of his death to grieve for the temporary loss of that which his life symbolized.  Leonard Pitts catches that well in his column in the Miami Herald today, in which he jumps off from Bush’s efforts to inspire with calls for a kinder, gentler country that could generate a thousand points of light

Presidents – and those who want to be president – have always sought to weave poetry from the prose of our daily lives, to ennoble our strivings and speak to what another Republican once called “the better angels of our nature.”

That’s what statesmen did once upon a time. But America has seldom seemed further from statesmanship – or from the vision Bush articulated – than it does now as the 41st president passes from the scene.

He died just days after the United States used teargas against asylum seekers, including children in diapers, after a handful of boys and men threw rocks at a border checkpoint in San Diego.

He was eulogized in Washington as lame duck Republican legislator[s] in Wisconsin brazenly strong-armed democracy and lifted a middle finger to the will of the people, voting to strip power from the incoming Democratic governor and attorney general.

He was memorialized in Texas as investigators in North Carolina probed an alleged scheme in which an operative working for a GOP candidate collected absentee ballots from voters in Democratic areas and diverted them from the ballot box.

These are the kinds of things that seem to happen every day in the thugocracy America has become. And that speaks to how thoroughly America rejected the vision of itself Bush offered 30 years ago.

(snip)

…the successes and failures of his public life have little to do with the very particular sense of loss some of us feel as the last president of the Greatest Generation takes his leave. There is always a sense of moment when a president dies. But the death of this president, this decent man, seems to close one of the few remaining doors between us and that time when presidents made poetry of our prose and you didn’t wake up every day to some new thugocratic outrage.

“Some have said this is an end of an era,” Bush’s pastor, the Rev. Dr. Russell Jones Levenson, Jr., said during his eulogy in Washington. “But it doesn’t have to be. Perhaps this is an invitation to fill the void that has been left behind.”

No, it doesn’t have to be the end, and we don’t have to give up hope that the system Bush cherished and served will revive, and survive.

There’s other news today that I choose to take as a positive sign that the body politic’s natural antibodies are turning the tide in the on-going fight against the invaders: in court papers filed in the cases against Paul Manafort and Michael Cohen, federal prosecutors reveal evidence of legal violations they claim were committed by Donald Trump.  And with hints of more to come.  As Democrats are poised to take control from Republicans in one house of Congress with the hope that they will fulfill the constitutional mandate of checks and balances that Paul Ryan’s House never did.

A thousand points of light are just the beginnings of a new dawn.