Tag Wall Street Journal

Here’s another reason I couldn’t work for this president

Pat Ryan Leave a comment

The first reason, of course, is that he would never ask me to.  Or more correctly, the deeply cynical and hyper-efficient Christian nationalists, and the vacuous and power-hungry suck-ups who run his administration, would have no use for me since I am not on board with their plans to turn back time to an America where white men alone are in charge of everything, women are meant to serve the men even when they are put in positions that seem to carry authority, and anyone not from their tribe – nationally. ethnically, religiously, or otherwise – knows better than to cause trouble.  (You don’t really think TFG himself came up with all these ideas for government “reforms,” do you?  He’s focused mainly on self-aggrandizement and financial corruption.)  The second reason is I could never keep my mouth shut long enough about the national embarrassment that is the Republican-controlled Congress and their complete abrogation of their responsibility to be a check and/or balance on the Executive branch to win Senate confirmation.

And the third is, it’s got to be just too exhausting, what with all the work they have to do to constantly kiss his ass and to flex for the public to show what big strong masculine manly men they are.  Here are two shining examples from just the past few days.

In more than fifty years of paying attention to the operations of the federal government I never once before saw anything meant to be so stupefyingly ego-massaging, while also as appallingly degrading, as the televised opening of a Trump Cabinet meeting, at which each member is expected to publicly slather the boss up one side and back down the other with excessive praise for some imagined achievement, all as he sits by with a canary-eating grin to feign embarrassment and gratitude for the unsolicited praise.  Imagine, if you will (if you can), how the titans of industry and government who agreed to serve in this administration, even when they had little to no respect for TFG himself, were silently thinking that they now knew what it must have been like for Prometheus to be chained to that rock.  Since then our government leaders have suffered no shortage of sickening superlatives any time they are called upon to describe Trump’s abilities, his wisdom, his patriotism or his leadership.  Now some of them have been called on to measure their praise of the president in another way.  Another, very weird way.

Will Marco Rubio’s humiliations never end? Recent photos show the secretary of state, whom Donald Trump dubbed “Little Marco” at a campaign rally almost exactly one decade ago, clomping around in shoes that are far too large for his feet. They’re black and freshly shined, an otherwise appropriate choice for a political leader a few heartbeats away from the presidency, but with a gap around his heels that could fit a sizable tube of lip gloss in a pinch.

The shoes cut an absurd figure, like a little boy pretending to be a businessman in Daddy’s oxfords. And they’ve got to be hideously uncomfortable. If you’ve ever walked a mile in the stiff leather dress shoes of someone bigger-footed than you, you know the blisters, toe stubs, and awkward gaits that can come as a result.

But a little fashion faux pas and a touch of foot pain are a small price to pay for pleasing the temperamental king of the GOP. As the Wall Street Journal reported this week, Rubio’s shoes came as a gift from the president, who has taken to bestowing his favorite brand of shoes on Republican lawmakers, right-wing A-listers, and the men who work in his administration. A pair of affordable Florsheims has become Trump’s go-to token of appreciation for his bro gang—or, depending on how you look at it, a mandatory uniform signaling the loyalty of his acolytes.

Having to wear the same stupid shoes to every White House meeting because your self-obsessed boss wanted you guys to be matchy-matchy is embarrassing enough. But the particular circumstances of Rubio’s shoes are downright pathetic. As Vice President J.D. Vance recalled at an event in December, the Journal reported, he was meeting with Trump, Rubio, and an unnamed third politician in the Oval Office when the president accused Vance and Rubio of having “shitty shoes.” Trump asked them all for their shoe size; Vance made sure to put in the record that he’s a size 13, while Rubio claimed to be an 11 and the third man a 7. The president then launched a sideways insult at the guy with the daintiest feet: “You know you can tell a lot about a man by his shoe size.”

That the “locker-room talk” president would place an inordinate, genital-related premium on a man’s foot size was surely no surprise to Rubio, who has risen in GOP influence in direct proportion to his willingness to contort himself to Trump’s exact desires. It does not seem out of the realm of possibility, then, that Rubio would inflate his own shoe specs to impress Trump with his masculine bulk.

You can imagine the gears in Rubio’s brain whirring as he sat across the Resolute Desk from Trump. If he shared his actual shoe size, the president might scoff at his presumably small penis. If he lied and offered a larger number, he’d end up shuffling around D.C. in Daddy’s big-boy shoes for the rest of time. The correct answer was clear: Rubio’s pee-pee reputation had to remain intact, whatever the cost to his feet.

(snip)

Perversely, Rubio’s gaping shoes might do more to please the president than any pair of ample-sized feet ever could. Humiliation is exactly how Trump prefers to test the fealty of those in his employ. If you want to be in the president’s orbit, you’d better pretend it’s the pinnacle of artistic excellence when Lara Trump belts out a nasal Tom Petty cover at the Mar-a-Lago New Year’s Eve party. You’ve got to smile and choke down your Big Mac on Air Force One, even if you’ve made your name as the clean-eating guy. As the vice president, you’re supposed to graciously nod as Trump calls you incompetent, accuses you of being a buttinsky, and says you’ll never be his successor. Every time Trump makes these people lie to themselves or endure a public shaming, he weakens their sense of self and their public image, reducing their worth to their proximity to him.

Regardless of how they used to do things in whatever world they came from, the men of Trump World know they are now expected to be confrontational with the news media.  Aggressively confrontational, whether or not either aggressiveness or confrontation is appropriate.  Always.  It is part of the lesson Trump learned more than fifty years ago from the infamous New York City lawyer Roy Cohn, whose mantra when it came to any dispute was: never apologize, always fight back with greater force, and never admit you were wrong.

Even though he catered to the New York City newspapers in his business career, Trump the politician and president has always accused journalists – all journalists – of being against him.  Unless they are sucking up to him (yes, I’m looking at you, Fox News, Newsmax and some others) and/or inventing new ways to curry favor, any journalist who dares acknowledge provable reality and ask a non-fawning question is “the enemy of the people.”  Now, Trump didn’t invent this strategy, and there are plenty of conservative Americans who don’t believe impartiality is really a thing, who view any negative story as evidence of opposition rather than the result of regular old honest reporting.  We know that all of establishment journalism is not against this president, nor were they nor will they all be against any other president.  It is not their job to be “for” any president or elected official, but to ask questions and report news for the benefit of the readers, listeners and viewers.

That does not mean that there can be no complaints about how a story is covered.  Not all journalism is perfect…most of it is not perfect, probably.  And Trump is only the 47th president ever to complain about stories written about his government.  (I assume.)  In his case, the complaints are usually not that any particular story is inaccurate, but that it is insufficiently flattering of him.  What is different now is that this president accuses those who do not flatter him of committing treason.  And his top broadcasting regulator is busy showing how tough he can be with “the media” but forgetting everything he should have learned about the First Amendment last September.  Back then he was pressuring a television network to discipline a talk show host for expressing an opinion that Trump didn’t like or agree with; now, he is blatantly, unconstitutionally threatening to use the power of the government to put the offenders out of business.

Brendan Carr of the Federal Communications Commission, issued an explicit warning to broadcast television networks on social media, writing that “hoaxes and news distortions” could lead to the revocation of licenses for local stations, a threat that Mr. Trump said he was “so thrilled to see.”

(snip)

Previous White Houses also complained about domestic news coverage of American intervention in the Middle East. But this administration’s attempts to shame, and in some cases punish, journalists for straightforward reporting on the war has engendered comparisons to the demands of foreign authoritarian leaders.

(snip)

The licensing threat from Mr. Carr, the F.C.C. chairman, raised eyebrows in part because the agency has been traditionally viewed as independent. As a regulator, Mr. Carr has government tools at his disposal to punish media organizations, though the process for revoking a broadcast license is onerous and can take years. On Sunday, the Democratic minority leader, Senator Chuck Schumer of New York, called his comments “vindictive, fascist stuff.”

Mr. Carr made his remarks on a day when he was seen speaking with Mr. Trump at the president’s Mar-a-Lago resort in Palm Beach, Fla., according to CNN. Mr. Carr was criticized last year for implying that he might retaliate against ABC for on-air comments by Jimmy Kimmel, the late-night host, who was then temporarily suspended by the network.

To Trump and Carr, and Pete Hegseth and Karoline Leavitt and all the others crying about their bad press this week: toughen up, snowflake.  (Maybe, don’t do those things that people are criticizing?)  And, seriously, what part of the government “shall make no law…abridging the freedom of speech, or of the press” don’t you understand?

The truth shall set you free – Episode 2

Pat Ryan Leave a comment

Maybe this really isn’t very complicated at all.  Maybe, a growing number of Americans don’t trust the mainstream news media because they don’t like what they see and hear and read, and they don’t understand what journalism is supposed to do.  I first encountered this phenomenon as a journalist way back at the beginning, by which I mean about 1980.

As a kid I somehow understood that the “news” I read in the newspaper and heard and saw on radio and television was intended to inform and educate me about what was happening in the world, not to promote any certain politicians or favored views of the world.  And that’s not to say that news didn’t (or doesn’t) cast some politicians and views of the world favorably, if you consider the ones who were not in the news in the first place for accusations of law-breaking and dirty dealing.  Watergate happened when I was in high school – both the crimes and the reporting that uncovered the crimes – and Woodward-and-Bernstein were making “investigative journalist” a career goal for more and more college students, although that’s not specifically what attracted me…I was looking for an alternative after I decided, as someone who really didn’t enjoy college, that it would take too long to go to law school.  Later I realized I made a mistake turning my nose up at “college” the way I did.  Later I also came to realize that all good journalism involves “investigating” and the term of art was more a promotional pitch than an accurate description of a exclusive branch of the practice.

After having worked for a year on the college newspaper as a reporter and editor (followed by life-affirming experiences as a lunch-rush sandwich maker in a fast food restaurant and then overnight cashier in a self-serve gas station), I got a part-time job in the news department at a local country music radio station.  They needed someone else to cover school board meetings since their reporter was the daughter of the school board president, and someone to write and anchor short on-the-hour newscasts on weekend afternoons and evenings.   That’s what had me on the air reading the first UPI bulletin about the assault on Congressman Leo Ryan and his traveling party at Port Kaituma in Guyana before the news the next day of the massacre at Jonestown.  Before long I was covering city hall and a municipal election while still a student, then going full-time after graduation.  Nine months later I took a job at another station in town (for more money) as a reporter and anchor, lucky to have a terrific friend and mentor there (Olin Murrell, the late musician you may have heard of) who kept my focus on a clear and fair presentation of the stories that made up the daily news.

Olin also hosted the live evening call-in talk show on that station, and late in 1980 he gave me a chance to try it out: be the ringmaster who conducted interviews and managed an open discussion of any topic, able to articulate my opinion and be devil’s advocate with callers as they expressed their opinions, so as to generate a discussion and hold the attention of an audience.  A few years ago I characterized my outlook at that time as “left of center but not crazy; I had more than one caller who complimented me for being funny and so reasonable…for a liberal.”

It was those conversations with a caller named Irene that were the first direct exposure I can remember to the accusation that the news media is liberal and biased against conservatives.  It seemed to be drawn from a false belief that no person who believed in the Conservative cause and ideals – think Ronald Reagan and the Moral Majority – would ever express an opinion contrary to that company line.  It was as if, first, they did not believe that any reporter was capable of quarantining the influence of their personal beliefs when reporting the facts of a story, and second, that any facts reported that did not gild Reagan’s lily must be wrong or have been intentionally distorted to make him look bad.  And this was long before the rise of “alternative facts” or “fake news” and today’s growing mainstream distrust of mainstream reporting.  Where does that come from?

In a thoughtful piece in Slate this month, Ben Mathis-Lilley lays out the case that an economic impact on legacy media from online sources that do not prioritize fair and responsible reporting has made it “increasingly difficult to sustain a media outlet whose business mostly involves the costly process of nonpartisan fact-gathering and reporting.”

That’s especially true at the local level, where newspapers often simply don’t exist anymore—but it’s also true nationally, where the country is headed in the direction of having one reportorial omnipublication (the New York Times) and a few others that are mostly for people who work in business. Concurrently, the right wing has developed its own media apparatus, while social media and streaming platforms now allow public personalities to build their own audiences directly.

Where that mostly leaves the participants in media (defined broadly) is trying to hustle up a career by selling a strong perspective on the world—by having a dramatic and emotionally satisfying explanation for everything that’s happening everywhere. Its marker of success is being able to headline your own podcast or subscription-driven Substack newsletter, and it runs on opinion “takes,” which cost relatively little to produce, but have to compete for space and eyeballs on Google results, X and Bluesky, and Apple News. And in many cases, the more a take reinforces readers’ existing beliefs, the better it does. It’s a truism and a Paul Simon lyric for a reason: All else being equal, people prefer to hear what they want to hear, and disregard the rest.

So, if even the media outlets which are not ideologically bent one way or another are pushed to publish quick, emotional opinions about the news – rather than to report and present “the news” itself – in order to remain profitable and stay in business, it shouldn’t be surprising that more and more Americans have come to believe, through their own experience, that there is a lot of opinion included in mainstream “news.”

What this often (though not always!) rewards is pandering to simple, polemical worldviews—Everyone else is stupid, they’re all lying to you, this or that particular group is responsible for everything in the news that is upsetting—rather than uncertainty or curiosity. It’s a good time to be a person who says everything is bullshit. (Which, to be clear, is a take I usually agree with. There’s lots of bullshit out there!) At the same time, groups that feel like they’re under attack will look for their own messengers to deliver polemical responses which reject every criticism and assign blame somewhere else; this is what “stanning” is. (Crucially, the political center is just as subject to these incentives as everyone else; there are centrism stans, too, who find “illiberalism” at the scene of every crime.) It is a polarization-optimized discourse. And everything it touches gets a little dumber and more difficult to trust.

For a detailed explanation of how the rise of online “news” has threatened the existence of mainstream reporting, check out Phillip Longman’s “How Fighting Monopoly Can Save Journalism” in the first quarter’s Washington Monthly.  It has a thorough background of how digital players have stripped mainstream journalism of its income and contributed to the growth of opinion journalism; I found it very educational with both scary and hopeful aspects:

[With politicians of both parties] repealing or failing to enforce basic market rules that had long contained concentrated corporate power, policy makers enabled the emergence of a new kind of monopoly that engages in a broad range of deeply anticompetitive business practices. These include, most significantly, the cornering of advertising markets, which historically provided the primary means of financing journalism. This is the colossal policy failure that has effectively destroyed the economic foundations of a free press.

An extension of the attitude I first heard from Irene some 45 years ago is evident in our next president, who has a long record of attacking as corrupt and/or unfair any source of information that does not praise him.  That combative attitude is present in Republicans at lower levels of government, too, many of whom (I’m talking about you, Ken Paxton) have taken to refusing to even engage with the “hostile media”…and then pander to their supporters by later attacking those outlets over stories in which they didn’t get a chance to defend themselves!

I think most people want a reliable source for news that is not biased for or against certain politicians or any particular view of how the world should be.  Like the folks in a rural southeastern Colorado county who volunteered to pay more to keep their weekly newspaper from shutting down, from losing their only source of what was happening where they live.  If journalism can find a way to better provide that, affordably, we can still have the educated populace that is critical to our survival as a free people…as Ronald Reagan himself said it, in 1981: “If we are to guard against ignorance and remain free, as Jefferson cautioned, it is the responsibility of every American to be informed.”

On Hinch and Morton and “Codebreaker”

Pat Ryan Leave a comment

Four weeks.  It’s been almost four weeks now since Major League Baseball Commissioner Rob Manfred issued his report finding my Houston Astros guilty of cheating in 2017 and 2018 for using technology to steal signs from their opponents, and only now does former manager A. J. Hinch agree to an interview on the subject.  Coincidentally, it was released the same day we learned more about how the cheating may have gotten started, revealed thanks to that stalwart of baseball journalism, the Wall Street Journal.  No kidding.

The commissioner’s report found that the Astros players were behind the scheme, and that the manager was aware of what was going on but didn’t do anything to stop it.  You’ll get no argument on that point from Hinch, who talked to Tom Verducci of MLB Network.

“I wish I would have,” Hinch said. “I really do. I think that’s a big question that I’m going to process over what’s now a season-long suspension. It’s something I continued to think about certainly through the investigation, when you have to openly talk about it. I wish I would have done more. Right is right and wrong is wrong, and we were wrong.”

(snip)

The Commissioner’s report said that Hinch twice took a bat to monitors that were used to steal signs, an indication that the manager did not approve of the players’ methods. In hindsight, Hinch said, he should have taken further measures to stop what was happening.

“I should have had a meeting and addressed it face forward and really ended it,” he said. “Leadership to me is often about what you preach. Leadership’s also about what you tolerate. I tolerated too much.”

(Note: it is accepted wisdom that there is nothing more powerful in all of baseball than a team meeting.)

Most recent stories want us to focus on the question of whether the Astros’ 2017 World Series title is tainted.  Of course it is.  It’s not invalidated, but short of mass amnesia there’s no way for people not to think that the Astros won, or may have won, because they cheated.  But that’s not the most important question, not to me.  I need to hear Hinch’s explanation for why he tolerated too much, why he didn’t put a stop to behavior of which, we are told, he highly disapproved.

Verducci didn’t press him to answer, at least not in the portion of the interview that was published.

When the question is why didn’t you stop it, the answer is not “I wish I had stopped it,” the answer is to explain to me why you did not, and so far I haven’t seen Hinch’s answer to that question.  I get that it’s not the old days when players didn’t have any power and managers ruled with an iron fist, and that today maybe some managers don’t really have control over their players.  In this case, though, the players reportedly told the investigators that if Hinch had just told them to stop it, they would have stopped; sounds like a group that respects the manager and wants to please.  So why didn’t Hinch take advantage of that dynamic and direct his players to stop this thing that he claims he opposed?  We don’t know.

Hinch has always been comfortable in front of the camera, and he did a good job in this interview of accepting responsibility for his inaction that hurt his team.  Fired Astros general manager Jeff Luhnow seems to have fallen into a deep deep hole somewhere with absolutely nothing to say, beyond a statement last month denying he knew anything at all about this as it was happening.  Hmm.

Keep that in mind when you read the Wall Street Journal story that the “Houston Astros’ front office laid the groundwork for the team’s electronic sign-stealing ploys via a program dubbed ‘Codebreaker’ that was introduced by an intern in the organization in September 2016.”  (If you can’t access the full WSJ story, here’ a link to an ESPN version.)  An intern who worked for Jeff Luhnow says he assumed Luhnow knew the program was being used during regular league games.  Luhnow reportedly told MLB investigators he remembered “the intern’s PowerPoint slide about ‘Codebreaker,’ but said he thought it would be used to legally decipher signs from previous games.”

The team’s director of advance information, Tom Koch-Weser, also alleges Luhnow knew about the system. According to the WSJ, Koch-Weser told MLB that the former GM would occasionally go to the Astros’ video room during road games and make comments like, “You guys Codebreaking?”

Luhnow declined the WSJ’s request for comment but, according to the paper’s reporting, denied Koch-Weser’s accounts to MLB, and investigators could find no definitive proof that Luhnow knew how “Codebreaker” was being used.

Meanwhile, the Astros players are still in hiding, and this is a great example of how a lot of journalism today fails when it comes to covering professional sports, and how the players and other employees of the major league teams aren’t held accountable for their actions in the way that other people who find themselves unfortunately in the news are.  The businessman accused of cheating or of allowing cheating to occur gets grilled.  To use a Houston example, think Enron: Ken Lay and Jeff Skilling and Andrew Fastow were hounded to respond to the charges, and no reporter was satisfied to just let it go if one of them “had not been made available” for an interview.  But that’s what we get from reporters covering the Houston Astros and the findings from Major League Baseball that the team cheated.  Not one current player has had his feet held to the fire to talk about their roles, or the team’s behavior.

I get it that the players don’t want to talk publicly; they do not want to have to admit that they broke the rules.  Of course they don’t; who would?  But it’s the job of reporters to hold the powerful accountable for their actions.  Yet in all the stories about this in the past four weeks since the commissioner’s report was released, I haven’t seen a single reference like “George Springer could not be reached for comment” or “Messages left asking Carlos Correa to discuss the report have not been returned.”  Am I supposed to believe that no one in all of journalism has Yuli Gurriel’s cell phone number?  The Wall Street Journal was able to contact Luhnow for its story, but not one reporter who covers the team has been able to get a player to make a not-for-attribution statement, to give us some insight to what they did and how they feel about it now?

To this point we’ve had to make do with comments from former Astros players, obtained at team-organized off-season events for their new fans.  Two weeks ago it was Dallas Keuchel who apologized without getting into details of which players did what, and yesterday former Astros pitcher Charlie Morton did the same.

…when Morton learned of the scheme his Houston teammates were using to steal signs and tip off their hitters to what pitch was coming, when he heard the actual banging on a trash can to relay the info, he didn’t say or do anything.

And that, he said Saturday in addressing the cheating scandal for the first time, is his primary remorse.

“’I was aware of the banging. … Being in the dugout you could hear it. I don’t know when it dawned on me, but you knew it was going on,” Morton said. “Personally, I regret not doing more to stop it. I don’t know what that would have entailed. I think the actions would have been somewhat extreme to stop it. That’s a hypothetical.”

Extreme because it was widespread, some of his Houston players and coaches actively participating, others complicit by allowing it to continue, all the way to a World Series championship. Extreme because it felt like more than one man could do anything about.

“I certainly have thought about it a lot because it negatively impacted the game, and people’s perception of the game, the fans, opposing players. And that doesn’t sit well with me,” Morton, 36, said during the Rays Fan Fest at Tropicana Field. “Where I was at the time, I don’t know where I was.

“Because what’s wrong is wrong. And I’ll never be absolved of that.”

A couple of weeks ago Astros owner Jim Crane had this to say about the fact that his players had yet to speak on the subject of having cheated, and of being caught at it, and of costing their manager his job:

“A couple of guys that have been interviewed, they’ve been holding back a little bit,” Crane said. “We need to get them a little more time to get together in spring training. Everybody’s split up (geographically).”

(Note: there appears to be no technology available that would let all the Astros players in their various locations have a real-time conversation; that might be worth investigating.)

“It’s a team. We’re going to sit in a room and talk about it and then we’re going to come out and address the press — all of them will address the press — either as a group or individually. Quite frankly, we’ll apologize for what happened, ask forgiveness and move forward.”

OK…Astros pitchers and catchers report on Tuesday, the rest of the players are due one week from today.  We’ll see.

The right choice; the only right choice

Pat Ryan Leave a comment

This isn’t the New York Times or the Washington Post or CNN, or any of Donald Trump’s other favorite targets.  This is the Wall Street Journal, fer cryin’ out loud, adding its credibility to that of many other outlets in reporting the story that seems to have shaken loose the impeachment process in Washington, D.C.: “President Trump in a July phone call repeatedly pressured the president of Ukraine to investigate Joe Biden’s son, according to people familiar with the matter, urging Volodymyr Zelensky about eight times to work with Rudy Giuliani on a probe that could hamper Mr. Trump’s potential 2020 opponent.”

To summarize: the president is accused of using his official position, by withholding and threatening to withhold American military aid to another country, to pressure that country’s leader into conducting an investigation meant to damage the political career of one of his potential political rivals in advance of the 2020 election.

And this came after the report last week that someone inside the intelligence community had filed an official whistleblower complaint about Trump making a commitment to a foreign leader, which the inspector general for the intelligence community determined was legitimate and an urgent matter that should, by law, have been forwarded to Congressional committees.  But it wasn’t—still hasn’t been—because the acting director of national intelligence blocked it.  A Trump appointee who was never confirmed by the Senate, made that decision in conjunction with Bill Barr’s Justice Department.

Today Trump insisted there was nothing untoward in his conversation with the president of Ukraine, and later said he would release a transcript of that phone call…tomorrow.  We have some idea of how reliable a document that might be.  But in the meantime, these developments led House Speaker Nancy Pelosi to change her mind and announce a formal impeachment inquiry.  At last.  It’s about time.

(Earlier today, prior to the Democratic caucus and Pelosi’s announcement, Slate restarted the Impeach-O-Meter as a “(still wildly subjective and speculative) estimate of the likelihood that the House votes to impeach Trump before the end of his first term” and which I intend to try to keep up with, and late this afternoon published a helpful refresher guide on How to Impeach a President.  Neat.)

Go online and search “Trump’s impeachable offenses”  to refresh your recollection if you need to.  Since inauguration day this president has repeatedly and unashamedly shown his disdain for the Constitution and the law, for tradition, for the separation of powers, and for the intelligence of the American people—especially, I think, for the ones who supported him out of a misplaced belief in his promises about…everything!

https://twitter.com/Malinowski/status/1175412930705338369

https://twitter.com/tribelaw/status/1174783959403810817

https://twitter.com/EJDionne/status/1174736961690636289

https://twitter.com/willwilkinson/status/1175066479416500235

https://twitter.com/OrinKerr/status/1175302908042047490

https://twitter.com/OhNoSheTwitnt/status/1175395473919795200

(Those are just from the past week.)

It’s past time that our Congress took the action the Constitution provides for in a case like this—this is what impeachment is there for, dammit.  Up to now the Republicans in Congress have proven themselves unable to undrink the Trump-aid, and there’s no real doubt that the Senate would never convict Trump of any accusations brought by the House.  But the Democrats simply cannot abdicate their responsibility to their constituents, and to history, to do what they can.

For so many of his actions as president, Trump deserves impeachment by the House.  He deserves to be condemned to that short short list of impeached presidents, right next to Hillary’s husband, even if he’s not removed from office by the Senate.  As a more practical matter, Adam Jentleson, a staffer for former Senate Democratic leader Harry Reid, argues that the impeachment process itself will hurt Trump politically, and that not moving ahead with impeachment opens the door for Trump to insist that he was fully exonerated of all wrongdoing.  You want to listen to that for the rest of your life?

There are two lessons here for House Democrats as they debate whether to open an impeachment inquiry into President Trump.

First, polling can change.

I don’t know how else to say this: getting impeached is bad. It is not something you want to happen to you, especially if you’re president. You do not want to go down as one of only four [sic] presidents in history to be impeached. This is a bad thing. Only Democrats, bless our hearts, could convince ourselves that it is good for a president to be impeached.

Richard Nixon’s approval rating was at 65 percent when his impeachment process began and only 19 percent of the public supported his impeachment. By the end, the numbers had flipped: his approval was 24 percent and support for impeachment was 57 percent.

(snip)

The second lesson from the [Merrick] Garland experience is that like nature, power abhors a vacuum. The decision not to impeach is not a decision to focus on other things, it is a decision to cede power, control, and legitimacy to Trump. Trump is not a master chess player, he just bluffs his opponents into forfeiting their moves—and that is exactly what he is doing to House Democrats.

For their part, House Democrats have argued that by foregoing impeachment they can shift the conversation to topics their consultants tell them are safer ground, like health care. That’s not going to happen. Reporters cover news, and only events that drive news can shift the message.

(snip)

Impeachment is a long process that will highlight Trump’s crimes, which according to (literally) one thousand former federal prosecutors, include “multiple felony charges for obstruction of justice.” Imagine the Michael Cohen, James Comey, or William Barr hearings but on steroids, for many weeks. Anything can happen and hearings can go haywire, but the odds of making a convincing public case against Trump are stacked strongly in Democrats’ favor. Trump’s crimes are serious and laid out in meticulous detail by an unimpeachable source. The public already believes he committed serious crimes by a margin of two to one. There is already a loud chorus decrying Trump’s crimes and arguing that he should be impeached, ranging from Kellyanne Conway’s husband to a sitting Republican Congressman. In this case, the impeachment process is like one of those meals where all the ingredients come in a box: you have to boil some water and maybe crack an egg, but it’s basically idiot-proof.

If and when the House votes to impeach, the ball goes to the Senate. The Senate can ignore it, which means the House’s impeachment is the last word. That would be fine. But McConnell would be under enormous pressure from Trump and the entire right-wing echosphere to call a Kangaroo court into session for the purpose of letting Trump off. If the Senate conducts a trial, Senate Republicans up for reelection in 2020—like Maine’s Susan Collins and Colorado’s Cory Gardner—will have to decide whether to vote to remove from office a President who has been shown to have committed serious crimes, or protect him. They will likely vote to protect Trump and it will cost them: they will have to explain which of Trump’s many crimes they think are no big deal, why they disagree with the many voices from their own party saying his crimes make him unfit, and why a criminal president should be allowed to continue in office.

More importantly, if the public believes Trump is guilty but the Senate lets him off anyway, he won’t ever be truly exonerated—he’ll be O.J. Simpson, assumed guilty but sprung by allies and circumstance. Some Democrats have argued that we should skip impeachment and vote Trump out instead. But if the House impeaches Trump and Senate Republicans fall in line to protect him, the argument that the ballot is the only way to remove him will be supercharged.

By contrast, declining to impeach Trump validates his claim that Mueller exonerated him.

(snip)

Even more ominously, Trump’s weaponized Department of Justice under Barr, who has shown himself to be Trump’s eager and obedient partner in abusing the power of the state to advance the president’s political interests, will inevitably invent a pretext for investigating the Democratic nominee. Democrats should consider whether they’d rather engage that fight against a president who has been impeached for serious crimes, or against a president strengthened by the de facto exoneration bestowed when his opponents declined to pursue the evidence against him.

https://twitter.com/tonyschwartz/status/1175403260590657536

And remember this:

https://twitter.com/themaxburns/status/1175783058215247873

https://twitter.com/DavidJollyFL/status/1176137386956394496

https://twitter.com/Susan_Hennessey/status/1176322428148097025

I can always count on Dahlia Lithwick to see through to the crux of the matter: “The integrity of our democracy isn’t threatened when a president breaks the law. It’s threatened when we do nothing about it.”

It defies logic for House Democrats to insist that their sole hope for salvation will be found in the 2020 election, when the 2020 election is subject to the same acts of foreign interference that poisoned 2016; when indeed they are failing to respond to the admitted acts of interference that happen before their eyes. By refusing to hold the president and Senate Majority Leader Mitch McConnell responsible for any of that interference—indeed by pretending it was very, very bad but let’s look forward and not backward, House leadership is inviting even more abuse. And in the face of it, Democrats continue to insist that the long game is what matters, even as the short game is making the long game increasingly unwinnable.

The net outcome of doing nothing is not politically or morally neutral. The net outcome is future loss after future loss.

When Corey Lewandowski puts on a clinic about contempt of Congress and nothing is done by the only body capable of doing something, that sends a powerful signal that all such future contempt will be welcome and effective. And when Robert Mueller says plainly and unequivocally that the next election is already in the process of being stolen, and nobody acts to secure it, that sends a powerful signal that all such interference is welcome and effective. To be sure, Democrats have very limited power at present and nobody doubts that the Senate will cower, whatever the results of an impeachment probe may be, and fail to convict. But by sitting on that limited power, fretting about how sad and mad they are, House Democrats are in point of fact giving over those limited powers to the other side.

By seemingly forgiving and forgetting the past, House Democrats are implying that they’ll also forfeit their chance at oversight in the future. In failing to say that the last worst thing was the impassable red line, they imply time and again that they are waiting for the next worst thing, which may really be the red line. But the implication that everyone’s waiting for the “big one” ignores the fact that the big one happened when this president endangered spies in a casual conversation in the Oval Office, when he took Vladimir Putin’s side over his own security advisers in Helsinki, when he tried to have Jeff Sessions fired, and when he conditioned foreign aid on helping to bury a political adversary.

Why seizing journalists’ records is the last option, not the first

Pat Ryan 1 Comment

The latest revelations about the Obama Administration overstepping its moral authority, if not entirely its legal one, in dealing with enemies both real and perceived have left me melancholy.  At best.  While I am buoyed to see that the concept of using the IRS as a blunt instrument  to punish one’s political opponents seems to have won near-unanimous disapproval, the idea that the government shouldn’t be investigating reporters seems not to be getting quite so much support, at least not outside of journalism.

This government is out of bounds—and out of its mind—if it believes that treating journalists as suspected criminals is legally or morally the right way to go.  A government led by a former professor of constitutional law should know better, even if that government has prosecuted more alleged leakers than any previous one.  The things we’re learning about, or which have been alleged, in just a matter of a few days, are stupefying: not just secretly seizing reporters’ phone records and examining their emails, but treating the reporter as though he were a criminal suspect and investigating his associates—even looking at the reporter’s parents’ phone records!

(Look here for links to a number of good stories, editorials and op/eds on government overreach of authority, the attack on civil liberties, and uncomplimentary comparisons to the administrations of George W. Bush and Richard Nixon.  Look here for a first-hand account of the “Kafkaesque” experience of a reporter who had his phone records secretly seized by two government agencies more than 20 years ago.)

Government has a right to protect its secrets; and yes, I think there are circumstances in which government should properly keep information from general distribution.  But unless the information is (1) critical to preserving public safety and security and (2) cannot be obtained in any other way, the government should not be allowed to try to compel journalists to turn over unpublished research or provide testimony or rat out their associates, because that turns those reporters into de facto government investigators and will make people with stories to leak and asses to protect choose their asses over the story. Seizing journalists’ records or compelling testimony is the last option, not the first one, and it’s up a court to decide that, on a case by case basis.

I don’t think journalists have a legal “right” to protect sources; others disagree.  I think they must protect sources if they hope to be effective at their job, but I don’t think the law shields them from any and every effort by the government to uncover information.  (Unless there’s a shield law.)  And I think journalists should be prepared to pay the price under law when they choose to protect their sources, as a good journalist should, while simultaneously refusing to comply with a lawful court order, as a good citizen should.

Yes, Sarah Palin, it’s possible to be a good journalist and a good citizen.  All good citizens are not good journalists, but all good journalists are good citizens when they fulfill a critical role in the functioning of a free society: to tell citizens those things that people in power don’t want us to know; to inform us of what is being done in our name and on our behalf.

I’m not making a case for the purveyors of “news you can use”—things like consumer news, what’s trending on social media, breathless reports on developments on a TV network’s prime time entertainment program as if it was the explosion of the Hindenburg (yes, I’m talking to you, KTRK-TV in Houston); that’s the sissified bullshit kind of “news” we get from outlets that sold their souls when they bought the line of crap peddled by non-journalist consultants whose only real goal is increased profitability.  (I’m not opposed to profit, by the way—I’d like to have been better at it myself—but I am opposed to those organizations for which profit is the only or primary reason for being, and to the people who see journalism as just another product to sell like cook pans or bicycles or bird seed.)

I mean to make the case for the journalism that is there to confront those in power, one citizen to another, and to tell the rest of us what’s going on with the people we’ve authorized to spend our money and operate our governments, from Washington, D.C. to the state capitols and from counties and cities to utility districts and homeowner’s associations.  I mean the journalism that is envisioned in the First Amendment to the U.S. Constitution when it guarantees us the right to a free press right alongside the freedom of religion and freedom of speech and freedom of peaceable assembly and redress of grievances.

How well do American journalists do in living up to that standard?  Each according to his talents, like the rest of us.  The ones Don Henley sang about a generation ago are still around and (still) aren’t even trying, but the ones who are trying to do the job the right way for the right reasons deserve our respect and the respect of our government, regardless of who is president at the moment.