Thursday Reads: Constitutional Crisis in Crazytown

Good Morning!!

It’s difficult to know where to begin. Trump is isolated, melting down, we are certainly in a Constitutional crisis. Here’s a summary of the current situation from Politico: Trump, Alone.

LINE OF THE MORNING … THE WASHINGTON POST’S PHIL RUCKER, ASHLEY PARKER and JOSH DAWSEY said the combination of the Woodward book and the Times op-ed “landed like a thunder clap, portraying Trump as a danger to the country that elected him and feeding the president’s paranoia about whom around him he can trust. … According to one Trump friend, he fretted after Wednesday’s op-ed that he could trust only his children.” WaPo

IN SOME WAYS, this is a version of the same story we’ve been living for the past three years. The Washington establishment appalled, and Trump unmoved. This will, of course, heighten Trump’s distaste for the media, and fuel the media-and-swamp-out-to-get-me narrative.

THINK OF IT LIKE THIS: Trump’s own administration is criticizing him behind the cloak of anonymity. Whereas TRUMP HAS NO ARTIFICE. He just says what he thinks publicly. JUST THIS WEEK HE …

— SAID he might shut down the government if he doesn’t get what he wants on immigration policy. This came after SPEAKER PAUL RYAN sheepishly said Trump knew better than that.

— LASHED OUT AT ATTORNEY GENERAL JEFF SESSIONS for allowing the indictment of two Trump supporters in Congress.

— INTIMATED he wouldn’t be terribly critical of Nike because it paid him big rent for its Midtown Manhattan store.

JUST LOOK HOW HE RESPONDED ON TWITTER — @realDonaldTrump at 6:11 p.m.: “TREASON?”

… at 7:40 p.m.: “Does the so-called ‘Senior Administration Official’ really exist, or is it just the Failing New York Times with another phony source? If the GUTLESS anonymous person does indeed exist, the Times must, for National Security purposes, turn him/her over to government at once!”

… at 11:22 p.m.: “I’m draining the Swamp, and the Swamp is trying to fight back. Don’t worry, we will win!”

WHAT’S THIS MEAN FOR THE FUTURE? How is it sustainable for the president to operate in an environment in which he trusts nobody? We’re about to find out.

Right now Democrats are staging a rebellion in the Senate Judiciary Committee over the unprecedented way that Republicans are trying to ram through Trump’s Supreme Court nominee Brett Kavanaugh while keeping secret hundreds of thousands of documents about the nominee’s past history.

Cory Booker threatened to release a document having to do with racial profiling, and he challenged Republicans to bring charges against him if he has broken a committee rule. Most other Democrats are supporting him.

Several Democrats have spoken about the process by which an outside private attorney, Bill Burck, who used to work for the nominee and currently works for George W. Bush has been permitted to decide which documents will be made public. Burck is also the criminal attorney for Don McGahn, Reince Priebus, and Steve Bannon in the Russia investigation!

Vox: Who is Bill Burck? Meet the former Bush attorney vetting Kavanaugh documents.

Bill Burck, a private attorney employed by former president George W. Bush and a longtime Republican, is a key linchpin in the process for reviewing Supreme Court nominee Brett Kavanaugh’s lengthy paper trail. In fact, he’s running the show — and Democrats see his involvement as yet another sign of how far norms have shifted in the way the Republican majority has conducted Kavanaugh’s confirmation process.

Bill Burck

Burck’s name may sound familiar because he’s a deeply entrenched player in Republican legal circles. Not only is he reportedly a longtime friend of Kavanaugh’s, he’s also more recently represented at least three current or former Trump White House officials — Don McGahn, Reince Priebus, and Steve Bannon — regarding special counsel Robert Mueller’s investigation. He’s currently a co-managing partner at the law firm Quinn Emanuel Urquhart & Sullivan.

Burck’s representation of McGahn has particularly raised eyebrows, since McGahn is the main Trump White House official in charge of getting Kavanaugh confirmed. It’s also prompted questions given the potential role that Kavanaugh himself could have in ruling on elements of the Mueller investigation, if he advances to the high court.

What’s more, Burck and Kavanaugh were once colleagues in the Bush White House. He was a former special counsel and deputy counsel to President George W. Bush, while Kavanaugh served as White House counsel and staff secretary for the same administration. Certain Democrats argue that his ties across all these venues make him “triply conflicted,” per the Washington Post.

Democrats have also questioned why Burck — a private attorney as well as a very politically charged figure — has now been authorized to analyze and filter through all of Kavanaugh’s former White House records, documents that could include damning evidence about the nominee’s involvement in decisions on wiretapping, torture, and the detention of enemy combatants.

Read the rest at Vox.

Democrats on the Judiciary committee claimed last night that they have evidence that Kavanaugh lied in a previous confirmation hearing. In addition, they are suggesting that Kavanaugh discussed the Mueller investigation with someone in the a law firm that represents Donald Trump, Kasowitz Benson Torres. Kamala Harris questioned Kavanaugh about this last night and he was visibly rattled.

Vox: Kamala Harris’s mysterious Kasowitz question during the Kavanaugh hearings, explained.

Sen. Kamala Harris (D-CA) on Wednesday had the entire hearing room on tenterhooks, as she opened her questioning of Supreme Court nominee Brett Kavanaugh with a somewhat mysterious inquiry. Her question centered on a meeting Kavanaugh may have had about the Mueller investigation — with a member of a law firm founded by President Trump’s personal lawyer.

A meeting like this could underscore an inappropriately cozy relationship between Kavanaugh and the Trump administration, adding yet another potential conflict of interest to those that Democrats have been hammering throughout the hearing. And it’s one that a Democratic aide told Vox they believe might have taken place. (Democrats have argued that Kavanaugh’s nomination by Trump already poses a conflict of interest since he could potentially rule on elements of the Russia investigation.)

Kavanaugh, meanwhile, didn’t do much to settle the issue as he repeatedly deflected questions on the subject.

“Have you discussed the Mueller investigation with anyone at Kasowitz Benson Torres, the law firm founded by Marc Kasowitz, President Trump’s personal lawyer?” Harris asked. “Be sure about your answer, sir.”

“I’m not remembering but if you have something, you want to …” Kavanaugh said, adding, “I’m not sure if I know everyone who works at that law firm … I’m not remembering.”

Harris continued this line of questioning for roughly five minutes, a move that not only seemed to make Kavanaugh uncomfortable but also elicited some broader confusion in the hearing room since she declined to provide immediate specifics about a person or meeting. “I think you’re thinking of someone and don’t want to tell us,” she said.

Democrats said last night that they believe a meeting did take place and they are working to get more information about it.

It looks to be another big news day today and tomorrow the Mueller grand jury meets. ABC News: Two Roger Stone associates to appear before Mueller grand jury Friday.

Two past associates of President Donald Trump ally and veteran political operative Roger Stone are expected to appear before a federal grand jury in Washington, D.C. on Friday in response to subpoenas from special counsel Robert Mueller, ABC News has learned.

Jerome Corsi, who until recently served as D.C. bureau chief for InfoWars, the alt-right program hosted by right-wing conspiracy theorist Alex Jones, and political humorist and radio show host Randy Credico are the two latest Stone associates to be summoned to testify in Mueller’s probe into Russian meddling in the 2016 presidential election.

Read more at the link.

There is so much to read today that I’m going to list some stories of possible interest, links only.

Historian Sean Wilentz at The New York Times: Why Was Kavanaugh Obsessed With Vince Foster?

The Washington Post: ‘The sleeper cells have awoken’: Trump and aides shaken by ‘resistance’ op-ed.

The New York Times: Trump Lashes Out After Reports of ‘Quiet Resistance’ by Staff.

LA Times: Now Trump is targeting Vietnamese refugees.

The Washington Post: Trump administration to circumvent court limits on detention of child migrants.The Washington Post: McCain’s former chief of staff says he’s considering Senate bid as a Democrat.

There has been a shooting in Cincinnati, so cable new switched over to covering that. I’m going to keep watching the Kavanaugh hearing on C-Span. What stories are you following today?


Tuesday Reads: Kavanaugh Confirmation Hearings and Woodward’s New Book

Good Morning!!

I had difficulties with my internet connection this morning, so I watched the beginning of the Kavanaugh hearing. The Democrats raised quite a ruckus over the Republicans–and Trump’s–refusal to make documents available from Kavanaugh’s time in the Bush White House. Democrats moved to adjourn the hearing until the documents could be reviewed. Judiciary Committee Chairman Chuck Grassley refused to hold a vote on the motion.

The committee has now begun opening statements by Senators. Awhile ago, Grassley said the committee would adjourn after the opening statements and resume tomorrow. The opening statements are limited to 10 minutes each.

Raw Story: Kavanaugh hearing spirals into chaos as Democrats refuse to let GOP chair read opening statement.

The confirmation hearing for Donald Trump’s Supreme Court nominee, Brett Kavanaugh, began in chaos as several Democratic senators interrupted the opening remarks.

Sen. Chuck Grassley (R-IA) tried to welcome Kavanaugh and was immediately interrupted by Sen. Kamala Harris (D-CA).

“Good morning. I welcome everyone to this confirmation hearing on the nomination of Brett Kavanaugh to serve as associate justice,” Grassley said.

“Mr. Chairman? Mr. Chairman? Mr. Chairman? I would like to be recognized for a question before we proceed,” Harris said.

“Mr. Chairman I would like to be recognized for a question before we proceed. Mr. Chairman. I would like to be recognized to ask a question before we proceed. The committee received [requested documents] just last night, less than 15 hours ago,” Harris said. “We believe this hearing should be postponed.”

Sen. Corey Booker (D-NJ) gave a long speech appealing to Grassley to stop the hearing.

“You are taking advantage of my decency and integrity,” Grassley said.

There was much more after that. I have to at least give the Democrats credit for speaking up.

More from NBC News: Fireworks as Kavanaugh confirmation hearings get underway.

Sen Kamala Harris (D-CA)

The Senate confirmation hearing for President Trump’s Supreme Court nominee Brett Kavanaugh launched with chaotic scenes Tuesday morning as Democrats pushed to adjourn, and protesters repeatedly interrupted the proceedings.

The Senate confirmation hearing for President Trump’s Supreme Court nominee Brett Kavanaugh launched with chaotic scenes Tuesday morning as Democrats pushed to adjourn, and protesters repeatedly interrupted the proceedings.

The complaints from Democrats on the panel and protester fireworks that lasted through the hearing’s first hour followed the late-night release of tens of thousands of documents related to Kavanaugh’s time in the George W. Bush White House.

“The committee received just last night, less than 15 hours ago, 42,000 pages of documents that we have not had an opportunity to read, review or analyze,” Sen. Kamala Harris, D-Calif., said moments after the hearing opened. “We cannot possibly move forward with this hearing.”

Sen. Amy Kobuchar (D-MN)

Sen. Amy Klobluchar, D-Minn., chimed in, agreeing with Harris and Sen. Richard Blumenthal, D-Conn., then added, “Mr. Chairman, if we cannot be recognized, I move to adjourn…we had been denied real access to the real documents we need” and also said that Republicans have turned the hearing into a “mockery.”

Other Democrats began to add to the chorus of concerns, interrupting Grassley. “What are we trying to hide? Why are we rushing?” asked Sen. Patrick Leahy, D-Vt.

“This process will be tainted and stained forever” if the proceedings were not delayed, said Blumenthal. Grassley eventually denied Blumenthal’s repeated request for a roll call vote to adjourn the hearing.

As the Democratic pushback stretched into the hearing’s second hour, Grassley expressed mounting frustration. “Do you want to go on all afternoon?” he asked the panel’s Democrats.

Much more with background at the link.

Sen. Cory Booker (D-NJ)

Chris Geidner at Buzzfeed reports on the withholding of documents on Kavanaugh’s time in the White House: The Justice Department Was Behind The Decision To Keep 100,000 Pages Of Kavanaugh’s Record Secret.

After two days of questions about how it was decided that more than 100,000 pages of Supreme Court nominee Brett Kavanaugh’s White House work would be withheld from the Senate Judiciary Committee’s review, the Justice Department took responsibility for the decision on Monday night.

“The Department of Justice, which has advised both Democratic and Republican administrations on the application of the Presidential Records Act and constitutional privileges, was responsible for determining which documents were produced to the Senate Judiciary Committee,” Justice Department spokesperson Sarah Isgur Flores said….

The news that the documents were being kept from the public and the committee was reported on Friday night, when the lawyer overseeing the review sent a letter to congressional leaders about the final status of his review. The development was just the latest step in a series of fights over the millions of documents from Kavanaugh’s time working in George W. Bush’s White House from 2001 until when he was confirmed to his seat on the US Court of Appeals for the DC Circuit.

Judiciary Chairman Chuck Grassley (R-IA)

The office of former president Bush has been producing some of those documents to the committee in advance of the hearing — a decision that went outside of the usual process for congressional requests under the Presidential Records Act, which is handled by the National Archives.

Instead, lawyers for Bush, led by William Burck of Quinn Emanuel, reviewed the documents requested and then provided the presidential records they found to the Justice Department for review.

“[T]he White House and the Department of Justice have identified certain documents of the type traditionally protected by constitutional privilege,” Burck wrote. “The White House, after consultation with the Department of Justice, has directed that we not provide these documents for this reason.”

I don’t know what the basis is for a claim of “constitutional privilege” or “executive privilege” or why a lawyer who is not connected to the government would be able to make such a claim. Maybe someone else can enlighten me. Senator Dick Durbin said he’d never heard of it.

The mysterious and powerful William Burck of Quinn Emanuel.

The Bush lawyers released 42,000 pages of documents last night, too late for Senators to realistically review the material. Chuck Grassley ludicrously claimed that committee staff for the Republican had reviewed every page of the documents by this morning.

So we’ll see what happens. We know the Republicans are probably going to cram this nomination through, despite what the public wants. The biggest issue is that Kavanaugh would likely vote to overturn Roe V. Wade. According to Aída Chávez at The Intercept: There is No Grassroots Energy Rallying for Brett Kavanaugh. None.

LAST SUNDAY, SEVERAL hundred protestors rallied in Civic Center Park in Denver, Colorado, against President Donald Trump’s Supreme Court pick, Brett Kavanaugh. Local reporters were on hand, and the protest earned a two-minute segment on that night’s local CBS broadcast. The “Unite for Justice” rally in Denver was just one of dozens held across the country that same day, and viewers of that evening’s news learned that the rally-goers were taking a stand against confirming a justice who would be the fifth vote to repeal Roe v. Wade.

The network’s attempt at balance, however, was foiled by advocates of Kavanaugh — or, more precisely, the lack of them. The anchor, at the end of the segment, deadpanned to the Denver metro viewership and said, “A pro-life rally was scheduled to run in opposition to the protest, but no one attended.”

Abortion opponents’ inability to gather even a handful of counter protesters in Denver made for an awkward aside, but it also underscored the near total absence of organic grassroots energy from a supposedly rabid anti-choice movement. As the Senate began confirmation hearings Tuesday, the politics of the nomination are being shaped by a myth that has been constructed over decades by a small minority of fervent abortion rights opponents: that the country is evenly divided when it comes to abortion.

Sen. Dick Durbin (D-IL)

In reality, the politics are lopsided. Voters want Roe protected by more than a 2-1 margin, and even oppose overturning it in states like North Dakota, where Democratic Sen. Heidi Heitkamp is up for re-election. The opposition that does exist, meanwhile, is concentrated among a minority of hardcore Republicans who consider it a moral travesty to vote for Democrats — not the kind of voter Heitkamp could win over by supporting Kavanaugh.

All of this has been evident for years, yet the sophisticated political antenna of Democratic leaders in Washington suddenly fail them when it comes to reading polls on the question of abortion. Instead, Democratic leadership is worried about the political consequences for Democrats in red states who vote no. If all Democrats vote no, Republicans would need to win Susan Collins and Lisa Murkowski, Republicans from Maine and Alaska, respectively, who publicly support abortion rights.

Click on the link to read the rest.

In other news, people are already talking about Bob Woodward’s book on the Trump White House, which is scheduled for release next Tuesday. The Washington Post: Bob Woodward’s new book reveals a ‘nervous breakdown’ of Trump’s presidency.

John Dowd was convinced that President Trump would commit perjury if he talked to special counsel Robert S. Mueller III. So, on Jan. 27, the president’s then-personal attorney staged a practice session to try to make his point.

In the White House residence, Dowd peppered Trump with questions about the Russia investigation, provoking stumbles, contradictions and lies until the president eventually lost his cool.

Bob Woodward

“This thing’s a goddamn hoax,” Trump erupted at the start of a 30-minute rant that finished with him saying, “I don’t really want to testify.”

The dramatic and previously untold scene is recounted in “Fear,” a forthcoming book by Bob Woodward that paints a harrowing portrait of the Trump presidency, based on in-depth interviews with administration officials and other principals.

Woodward depicts Trump’s anger and paranoia about the Russia inquiry as unrelenting, at times paralyzing the West Wing for entire days. Learning of the appointment of Mueller in May 2017, Trump groused, “Everybody’s trying to get me”— part of a venting period that shellshocked aides compared to Richard Nixon’s final days as president.

A bit more:

A central theme of the book is the stealthy machinations used by those in Trump’s inner sanctum to try to control his impulses and prevent disasters, both for the president personally and for the nation he was elected to lead.

Woodward describes “an administrative coup d’etat” and a “nervous breakdown” of the executive branch, with senior aides conspiring to pluck official papers from the president’s desk so he couldn’t see or sign them.

Again and again, Woodward recounts at length how Trump’s national security team was shaken by his lack of curiosity and knowledge about world affairs and his contempt for the mainstream perspectives of military and intelligence leaders.

At a National Security Council meeting on Jan. 19, Trump disregarded the significance of the massive U.S. military presence on the Korean Peninsula, including a special intelligence operation that allows the United States to detect a North Korean missile launch in seven seconds vs. 15 minutes from Alaska, according to Woodward. Trump questioned why the government was spending resources in the region at all.

“We’re doing this in order to prevent World War III,” Defense Secretary Jim Mattis told him.

After Trump left the meeting, Woodward reconts, “Mattis was particularly exasperated and alarmed, telling close associates that the president acted like — and had the understanding of — ‘a fifth- or sixth-grader.’”

I’d say that’s being generous. a sixth grader would surely be able to understand that explanation. Read more at the WaPo.

What else is happening? What stories are you following today?