Tuesday Reads

Great white shark swims beneath paddleboarding man on Cape Cod last week.

Good Morning!!

We’re having an incredible heat wave in Boston, and I know we’re not alone. It’s hot just about everywhere. Today it’s supposed to hit 100 degrees here. Anyone who believes the climate isn’t changing is delusional.

Maybe the sharks are affected too, because we’ve had some Great White close encounters here in Massachusetts lately. The Boston Globe: Shark sightings force swimmers out of the water in Plymouth, Cape Cod.

Swimmers at Plymouth and Wellfleet beaches looking to catch a break from the oppressive heat were forced out of the water Monday afternoon after sharks were spotted lurking nearby.

Plymouth beaches were closed after a great white shark was seen off Manomet Point. Red flags were flying at the beaches as crews investigated, the Plymouth harbormaster tweeted shortly after 2:30 p.m.

Researchers with the Atlantic White Shark Conservancy were about a quarter-mile from Marconi Beach in Wellfleet when they saw a great white shark at around 1:45 p.m. They reported it to beach officials, and lifeguards promptly pulled everyone out of the water, Leslie Reynolds, chief ranger at the Cape Cod National Seashore, said. The beach was closed for an hour as a standard precautionary measure.

Also from the Globe: ‘It came right up, and opened its mouth’: Great white shark breaches water below boat.

State biologist Greg Skomal got an up-close look at a great white shark during a recent excursion off Cape Cod when one of the apex predators that researchers had been observing breached the water right beneath him, exposing its large teeth.

“Did you see that?! Did you see that?!” Skomal can be heard saying in a video posted by the Atlantic White Shark Conservancy Monday morning. “It came right up, and opened its mouth right at my feet!”

In the video, Skomal can be seen standing on the research boat’s pulpit, as the captain closes in on a shark. Skomal was using a long pole with a GoPro camera attached at the end so he could dip it into the water and capture footage of the shark. That’s when it suddenly breached the ocean’s surface.

“Oh!,” the boat’s captain, John J. King II, can be heard saying. “Holy crap! It dove right out of the water.”

Here’s the video. Be sure to put it on full screen and wait for the close-up.

Holy crap!

Seriously though, have we already lost the fight to reverse climate change? That’s the argument put forth by Nathaniel Rich in last week’s New York Times Magazine: Losing Earth: The Decade We Almost Stopped Climate Change.

The world has warmed more than one degree Celsius since the Industrial Revolution. The Paris climate agreement — the nonbinding, unenforceable and already unheeded treaty signed on Earth Day in 2016 — hoped to restrict warming to two degrees. The odds of succeeding, according to a recent study based on current emissions trends, are one in 20. If by some miracle we are able to limit warming to two degrees, we will only have to negotiate the extinction of the world’s tropical reefs, sea-level rise of several meters and the abandonment of the Persian Gulf. The climate scientist James Hansen has called two-degree warming “a prescription for long-term disaster.” Long-term disaster is now the best-case scenario. Three-degree warming is a prescription for short-term disaster: forests in the Arctic and the loss of most coastal cities. Robert Watson, a former director of the United Nations Intergovernmental Panel on Climate Change, has argued that three-degree warming is the realistic minimum. Four degrees: Europe in permanent drought; vast areas of China, India and Bangladesh claimed by desert; Polynesia swallowed by the sea; the Colorado River thinned to a trickle; the American Southwest largely uninhabitable. The prospect of a five-degree warming has prompted some of the world’s leading climate scientists to warn of the end of human civilization.

Is it a comfort or a curse, the knowledge that we could have avoided all this?

Because in the decade that ran from 1979 to 1989, we had an excellent opportunity to solve the climate crisis. The world’s major powers came within several signatures of endorsing a binding, global framework to reduce carbon emissions — far closer than we’ve come since. During those years, the conditions for success could not have been more favorable. The obstacles we blame for our current inaction had yet to emerge. Almost nothing stood in our way — nothing except ourselves.

Check out the full story at the NYT.

Today there are some interesting primary elections and one special election to watch. Will we see portents of a blue wave in November?

Vox: Every August 7 primary election you should know about, briefly explained.

Voters head to the polls in five states Tuesday to test whether Democrats will get their “blue wave” on Election Day this fall.

Danny O’Connor

The most heated race to watch is a special election in Ohio’s 12th Congressional District, where a Democrat hasn’t won since the 1980s. Despite big spending by Republicans, a huge ground push, and even campaign appearances by President Donald Trump and Vice President Mike Pence, polls show the Democrat, Danny O’Connor, might actually beat Republican Troy Balderson.

Washington state’s top-two primary will be a similar test of how Democrats might perform in historically conservative districts.

In a governor’s race in Michigan and a House race in Kansas, meanwhile, Democrats will test whether the future of the party is rooted in its progressive wing.

To win back a House majority in November, Democrats will have to triumph in historically red districts, as they did in Pennsylvania earlier this year when Conor Lamb pulled off a surprise victory. Some big wins on Tuesday night could be another sign that a wave year is possible.

Read the details at Vox.

On Sunday, we watched Trump incriminate himself and throw his own son under the bus on Twitter. Will Don Jr. be indicted? Charles Savage at The New York Times: Donald Trump Jr.’s Potential Legal Troubles, Explained.

“I did not collude with any foreign government and did not know anyone who did,” Donald Trump Jr. told the Senate Judiciary Committee in September 2017. But his participation in the Trump Tower meeting with the Russians, as well as another meeting, has put that claim under scrutiny.

Ahead of the meeting with Russians, an intermediary promised Donald Trump Jr. that a “Russian government attorney” would provide “very high level” dirt on Hillary Clinton as “part of Russia and its government’s support for Mr. Trump.” He wrote back, “If it’s what you say I love it.”

In a meeting three months before the election, Donald Trump Jr. met with another small group offering to help his father win the election. It included an emissary for two wealthy Arab princes who run Saudi Arabia and the United Arab Emirates, as well as an Israeli specialist in social media manipulation. The younger Mr. Trump responded approvingly, a person with knowledge of the meeting told The New York Times.

Of course we all know by now that “collusion” is just another word for “conspiracy,” which can be a crime.

….lawyers instead talk about conspiracy: an agreement by two or more people to commit a crime — whether or not they end up doing so. A powerful tool for prosecutors, conspiracy charges allow them to hold each conspirator responsible for illegal acts committed by others in the circle as part of the arrangement. To convict someone of such a conspiracy, prosecutors would need to obtain evidence of an agreement to commit a specific crime….

A provision of the Federal Election Campaign Act, Section 30121 of Title 52, broadly outlaws donations or other contributions of a “thing of value” by any foreigner in connection with an American election — or even an express or implied promise to take such action, directly or indirectly.

Depending on how a grand jury interprets the facts the special counsel, Robert S. Mueller III, has gathered about the two Trump Tower meetings, it could find that the foreigners violated that law — and that Donald Trump Jr. conspired in that offense.

Another provision of the same statute makes it illegal for an American to solicit a foreigner for such illicit campaign help — again, even indirectly. If a grand jury were to interpret the evidence about Donald Trump Jr.’s words and actions as a solicitation, he could also be vulnerable to direct charges under that law, experts said.

Notably, the statute can be violated even if the promised or requested help is never provided.

Read the rest at the NYT.

At The Washington Post, William Ruckleshaus, who served as deputy attorney general under Nixon writes about Trump’s behavior: Only one other president has ever acted this desperate.

President Trump is acting with a desperation I’ve seen only once before in Washington: 45 years ago when President Richard M. Nixon ordered the firing of special Watergate prosecutor Archibald Cox. Nixon was fixated on ending the Watergate investigation, just as Trump wants to shut down the Mueller investigation into Russian interference in the 2016 election.

A lesson for the president from history: It turned out badly for Nixon. Not only could he not derail the investigation, but also, 10 months later, he was forced to resign the presidency.

In fact, in some ways, Trump is conducting himself more frantically than Nixon, all the while protesting his innocence. Nixon fought to the end because he knew that what was on the tape recordings that the prosecutor wanted would incriminate him. We don’t know what Trump is hiding, if anything. But if he is innocent of any wrongdoing, why not let Robert S. Mueller III do his job and prove it?

On the way Trump and his minions are attacking the investigation:

…the cynical conduct of this president, his lawyers and a handful of congressional Republicans is frightening to me and should be to every citizen of this country. We are not playing just another Washington political game; there is much more at stake.

The vehemence and irresponsibility of the rhetoric attacking the Mueller investigation tear at the very structure of our governance. Men who have sworn to use and protect our institutions of justice are steadily weakening them. Should the president finally decide to fire Mueller and put in place someone who will do his bidding, the country could be thrown into a political crisis that would scar our democracy and further erode the trust of our people in our governmental institutions.

We need leaders who tell the truth. This is not now happening. Mueller is living up to his superior reputation as a model public servant. His is a search for the truth; we should not complicate his job. Support him, and when he has finished his work, listen to what he has found.

Read the whole thing at the WaPo.

There are a lot more interesting reads out there today. Some to check out:

Forbes: New Details About Wilbur Ross’ Business Point To Pattern Of Grifting.

Rolling Stone: Rick Wilson: Trump’s Tweets May Actually Be His Undoing.

NBC News: Now the Trump administration wants to limit citizenship for legal immigrants.

Politico: Manafort prosecution’s frustration with judge leads to fiery clashes.

The Washington Post: Trump’s political base is weaker than it seems, our new study finds.

Think Progress: Here’s what a new trove of Russian Twitter accounts tell us about Moscow’s support for Jill Stein.

Buzzfeed News: Accused Russian Agent’s Journey To Washington Began In South Dakota.

Franklin Foer at The Atlantic: How Trump Radicalized ICE.

What stories are you following today?


Thursday Reads: “The United States faces a national-security emergency” — David Frum

Baby reading for an apple, Mary Cassatt

Good Morning!!

I’m not too with it this morning. My mother is in the hospital and we still don’t know what is wrong with her. A few days ago, she started feeling weak and tired and she suddenly was unable to tie her shoes. Her blood pressure has been too high and her oxygen levels are too low. At the hospital the physical therapist found that her left hand wasn’t working properly, so that might explain the shoe-tying problem.

Whatever is wrong, it doesn’t seem to be life-threatening, because she has had all kinds of tests that have so far shown nothing wrong. She had an MRI yesterday and today they are going to check for blockage in her carotid artery she will work more with the physical therapist. A neurologist told my sister and my niece that she doesn’t think it’s serious, but they still don’t understand why her blood pressure is so high.

Anyway, I’ve been very anxious about Mom, and between that and the Trump madness. I can’t really think straight.

So what’s happening in the news today?

Mother and child, by Mitra Shadfar

I’m sure you’ve heard about the shocking story that broke in The New York Times last night: From the Start, Trump Has Muddied a Clear Message: Putin Interfered.

Two weeks before his inauguration, Donald J. Trump was shown highly classified intelligence indicating that President Vladimir V. Putin of Russia had personally ordered complex cyberattacks to sway the 2016 American election.

The evidence included texts and emails from Russian military officers and information gleaned from a top-secret source close to Mr. Putin, who had described to the C.I.A. how the Kremlin decided to execute its campaign of hacking and disinformation.

Mr. Trump sounded grudgingly convinced, according to several people who attended the intelligence briefing. But ever since, Mr. Trump has tried to cloud the very clear findings that he received on Jan. 6, 2017, which his own intelligence leaders have unanimously endorsed.

So Trump saw specific information proving that Vladimir Putin ordered the interference into our election to help him win, and he has spent his entire administration so far attempting to cover up for what his buddy Putin did.

The Jan. 6, 2017, meeting, held at Trump Tower, was a prime example. He was briefed that day by John O. Brennan, the C.I.A. director; James R. Clapper Jr., the director of national intelligence; and Adm. Michael S. Rogers, the director of the National Security Agency and the commander of United States Cyber Command.

The F.B.I. director, James B. Comey, was also there; after the formal briefing, he privately told Mr. Trump about the “Steele dossier.” That report, by a former British intelligence officer, included uncorroborated salacious stories of Mr. Trump’s activities during a visit to Moscow, which he denied.

The briefing revealed that a highly sensitive source close to Putin had provided information.

Mother and child, Pablo Picasso, 1901

According to nearly a dozen people who either attended the meeting with the president-elect or were later briefed on it, the four primary intelligence officials described the streams of intelligence that convinced them of Mr. Putin’s role in the election interference.

They included stolen emails from the Democratic National Committee that had been seen in Russian military intelligence networks by the British, Dutch and American intelligence services. Officers of the Russian intelligence agency formerly known as the G.R.U. had plotted with groups like WikiLeaks on how to release the email stash.

And ultimately, several human sources had confirmed Mr. Putin’s own role.

That included one particularly valuable source, who was considered so sensitive that Mr. Brennan had declined to refer to it in any way in the Presidential Daily Brief during the final months of the Obama administration, as the Russia investigation intensified.

Instead, to keep the information from being shared widely, Mr. Brennan sent reports from the source to Mr. Obama and a small group of top national security aides in a separate, white envelope to assure its security.

Mr. Trump and his aides were also given other reasons during the briefing to believe that Russia was behind the D.N.C. hacks.

I was exhausted last night and fell asleep early. I woke up about 3:30AM and check Twitter. A number of people were saying that this story was likely leaked to the NYT in response to Trump’s performance in Helsinki and afterwards and that the highly placed source must have been burned–possibly by Trump–or the story would not have been leaked.

https://twitter.com/MaxKennerly/status/1019770876915605504

No one except the interpreters knows what Trump gave away to Putin during their more than two hour meeting in Helsinki, and now Russia is claiming Trump and Putin made a number of deals.

The Washington Post: As Russians describe ‘verbal agreements’ at summit, U.S. officials scramble for clarity.

Two days after President Trump’s summit with Russian President Vladi­mir Putin, Russian officials offered a string of assertions about what the two leaders had achieved.

Delfina Flores Y Su Sobrina Modesta, Diego Rivera

“Important verbal agreements” were reached at the Helsinki meeting, Russia’s ambassador to the United States, Anatoly Antonov, told reporters in Moscow Wednesday, including preservation of the New Start and INF agreements, major bilateral arms control treaties whose futures have been in question. Antonov also said that Putin had made “specific and interesting proposals to Washington” on how the two countries could cooperate on Syria.

But officials at the most senior levels across the U.S. military, scrambling since Monday to determine what Trump may have agreed to on national security issues in Helsinki, had little to no information Wednesday.

At the Pentagon, as press officers remained unable to answer media questions about how the summit might impact the military, the paucity of information exposed an awkward gap in internal administration communications. The uncertainty surrounding Moscow’s suggestion of some sort of new arrangement or proposal regarding Syria, in particular, was striking because Gen. Joseph Votel, who heads U.S. Central Command, is scheduled to brief reporters on Syria and other matters Thursday.

This is interesting:

Defense Secretary Jim Mattis did not attend Wednesday’s Cabinet meeting with Trump and has not appeared in public this week or commented on the summit.

One thing Trump and Putin apparently discussed was allowing Russia to question 11 American citizens, including former Ambassador to Russia Michael McFaul.

The Washington Post: Outrage erupts over Trump-Putin ‘conversation’ about letting Russia interrogate ex-U.S. diplomat Michael McFaul.

At this week’s summit in Helsinki, Russian President Vladimir Putin proposed what President Trump described as an “incredible offer” — the Kremlin would give special counsel Robert S. Mueller III access to interviews with Russians who were indicted after they allegedly hacked Democrats in 2016. In return, Russia would be allowed to question certain U.S. officials it suspects of interfering in Russian affairs.

One of those U.S. officials is a former U.S. ambassador to Moscow, Michael McFaul, a nemesis of the Kremlin because of his criticisms of Russia’s human rights record.

On Wednesday, White House press secretary Sarah Huckabee Sanders declined to rule out the Kremlin’s request to question McFaul and other Americans. Asked during the daily press briefing whether Trump is open to the idea of having McFaul questioned by Russia, Sanders said President Trump is “going to meet with his team” to discuss the offer.

Read the rest at the WaPo.

The Daily Beast: U.S. Officials ‘at a Fucking Loss’ Over Latest Russia Sellout.

Sunshine Mother And Child, by Shijun Munns

Current and former American diplomats are expressing disgust and horror over the White House’s willingness to entertain permitting Russian officials to question a prominent former U.S. ambassador.

One serving diplomat, who spoke on condition of anonymity, said he was “at a fucking loss” over comments that can be expected to chill American diplomacy in hostile or authoritarian countries – a comment echoed by former State Department officials as well.

“It’s beyond disgraceful. It’s fundamentally ignorant with regard to how we conduct diplomacy or what that means. It really puts in jeopardy the professional independence of diplomats anywhere in the world, if the consequence of their actions is going to be potentially being turned over to a foreign government,” the U.S. diplomat told The Daily Beast.

During President Trump’s press conference with Vladimir Putin in Helsinki, Putin pivoted a question about extraditing the 12 Russian intelligence officers whom Robert Mueller has indicted into a quid pro quo for going after longtime betes noire currently beyond his reach.

Putin singled out Bill Browder, whose exposure of widespread Russian tax fraud led to the passage of a U.S. human rights sanctions law Putin hates. Standing next to Trump, the Russian president accused Browder of masterminding an illegal campaign contribution to Hillary Clinton and alleging vaguely that he had “solid reason to believe that some intelligence officers guided these transactions.” Should Trump permit the Russians to question people around Browder, Putin hinted, he will let Mueller’s people be “present at questioning” of the intelligence officers.

Unfuckingbelievable!

I’ll end with this piece by David Frump at The Atlantic: The Crisis Facing America. The country can no longer afford to wait to ascertain why President Trump has subordinated himself to Putin—it must deal with the fact that he has.

Mother with children by Dattatraya Thombare

We still do not know what hold Vladimir Putin has on Donald Trump, but the whole world has now witnessed the power of its grip.

Russia helped Donald Trump into the presidency, as Robert Mueller’s indictment vividly details. Putin, in his own voice, has confirmed that he wanted Trump elected. Standing alongside his benefactor, Trump denounced the special counsel investigating Russian intervention in the U.S. election—and even repudiated his own intelligence appointees….

The reasons for Trump’s striking behavior—whether he was bribed or blackmailed or something else—remain to be ascertained. That he has publicly refused to defend his country’s independent electoral process—and did so jointly with the foreign dictator who perverted that process—is video-recorded fact.

And it’s a fact that has to be seen in the larger context of his actions in office: denouncing the European Union as a “foe,” threatening to break up nato, wrecking the U.S.-led world trading system, intervening in both U.K. and German politics in support of extremist and pro-Russian forces, and continually refusing to act to protect the integrity of U.S. voting systems—it all adds up to a political indictment, whether or not it quite qualifies as a criminal one.

America is a very legalistic society, in which public discussion often deteriorates into lawyers arguing about whether any statutes have been violated. But confronting the country in the wake of Helsinki is this question: Can it afford to wait to ascertain why Trump has subordinated himself to Putin after the president has so abjectly demonstrated that he has subordinated himself? Robert Mueller is leading a legal process. The United States faces a national-security emergency.

Please share your thoughts and links in the comment thread and have a nice Thursday!


Lazy Saturday Reads: Trump’s Cringe-Inducing European Adventure and Other News

Good Afternoon!!

Trump in Scotland

Trump is at his golf resort in Turnberry, Scotland, and protesters are out in force there as they were in England. The Guardian:

Trump and his wife Melania arrived in Scotland on board Air Force One on Friday evening, before travelling by motorcade to his Trump Turnberry resort in Ayrshire.

By lunchtime, about 50 protesters had congregated on Turnberry beach. Just before 2pm, the US president appeared on the golf course and waved at the gathering on the beach, to be met with booing and chants of “no Trump, no racist USA”. Meanwhile, close to 10,000 marchers were streaming through the streets of Edinburgh, ending up in the Meadows park to the south of the city centre, where families sat in the sunshine and enjoyed picnics, music and speeches from local activists….

Towards the back of the crowd, the six-metre Trump baby balloon was straining against its tethers in the wind. Organiser Leo Murray described how a crew of “babysitters” had travelled up from London overnight on the sleeper train to fly the blimp at Saturday’s protest.

Murray had originally hoped to fly the balloon, which depicts Trump as an angry baby wearing a nappy, at his Turnberry course, but Police Scotland denied permission on security grounds.

Nevertheless, a Greenpeace protester managed to breach the no-fly zone on a hang glider with a sign reading ““Trump: well below par #resist” (see photo at the top of this post). Thank you to the people of Scotland for standing in solidarity with the U.S. resistance. I’m proud of my Scottish heritage today.

And while we’re talking about Trump’s Scottish golf course, be sure to check out this piece by Adam Davidson at The New Yorker: Where Did Donald Trump Get Two Hundred Million Dollars to Buy His Money-Losing Scottish Golf Club?

Between meeting the Queen of England and Vladimir Putin, President Trump will spend this weekend at Turnberry, the golf course he bought in 2014 and rechristened Trump Turnberry. This property has not received the attention it deserves. It is, by far, the biggest investment the Trump Organization has made in years. It is so much bigger than his other recent projects that it would not be unreasonable to describe the Trump Organization as, at its core, a manager of a money-losing Scottish golf course that is kept afloat with funds from licensing fees and decades-old real-estate projects.

No doubt, the President will be excited to visit. After buying the property for more than sixty million dollars, he then spent a reported hundred and fifty million pounds—about two hundred million dollars total—remaking the site, adding a new course, rehabbing an old one, and fixing up the lodgings. It is possible, though, that he will have some harsh words for his staff. The Turnberry has been losing an astonishing amount of money, including twenty-three million dollars in 2016. The Trump Organization argued that these losses were the result of being closed for several months for repair. However, revenue for the months it was open were so low—about $1.5 million per month—that it is hard to understand how the property will ever become profitable, let alone so successful that it will pay back nearly three hundred million dollars in investment and losses….

President Trump has proclaimed himself the “king of debt,” a proud master of “doing things with other people’s money.” So it was quite surprising when Jonathan O’ConnellDavid A. Fahrenthold, and Jack Gillum revealed in a Washington Post story in May that Trump had abruptly shifted strategies and begun spending hundreds of millions of dollars in cash to fund projects. In the nine years before he ran for President, the Post reported, the Trump Organization spent more than four hundred million dollars in cash on new properties—including fourteen transactions paid in full. In fifteen years, he bought twelve golf courses (ten in the U.S., one in Ireland, and a smaller one in Scotland), several homes, and a winery and estate in Virginia, and he paid for his forty-million-dollar share of the cost of building the Trump Hotel in Washington, D.C.—a property leased to Trump by the U.S. government. But his largest cash purchase was the Turnberry, followed by tens of millions of dollars in additional cash outlays for rehabbing the property.

Read the rest at The New Yorker.

Trump meets Queen Elizabeth

Yesterday, just as Rod Rosenstein was preparing to announce indictments of the 12 Russians who were responsible for hacking the DNC, DCCC, and Clinton campaign email servers and disseminating embarrassing information designed to hurt Hillary and help Trump during the 2016 election, Donald Trump was meeting with the Queen of England. And he managed to turn that into a clusterfuck just as he has everything else on his disastrous European trip.

The Washington Post: ‘Did Donald Trump just WALK IN FRONT OF THE QUEEN?’

It’s generally quite difficult to upstage the queen of England, but President Trump might have managed to do so.

Trump and Queen Elizabeth II met Friday as part of his working visit to the United Kingdom….

Trump’s walk with the queen during an inspection of guardsmen quickly became a hot topic.

Described as “cringeworthy” and “uncomfortable” viewing on social media, footage of their walk together came under intense scrutiny. While touring the castle grounds, Trump maintained a relatively brisk walk, which saw the queen, at times, fall behind him as he led the way.

At one point, the queen can be seen gesturing to Trump, although it’s unclear what exactly she may have been referring to. On social media, some speculated that Trump was being instructed on which side of her he should walk.

If that was the case, the president didn’t grasp the message.

The Trumps also arrived late for tea, making the Queen wait, and they did not bow or curtsy when they met her. That’s considered optional, but most people don’t opt to simply shake hands as the Trumps did. At least Trump didn’t do his vise grip and pull handshake with her. Then the Queen gave the Trumps the bum’s rush, ending the meeting after about half an hour.

https://twitter.com/gormangahst/status/1018161998570323974

Trump is a crude, crass, and classless pig. What an embarrassment that he is “president.” The Russians got exactly what they wanted. By contrast, the Obama’s got the full royal treatment.

Two great reads on the Mueller indictment released yesterday

Dan Friedman at Mother Jones: Mueller’s Indictment of 12 Russian Spies is Very Bad for Trump.

Special counsel Robert Mueller on Friday obtained an indictment of 12 members of a Russian military intelligence agency for hacking Democratic party emails during the 2016 election—a rebuke to President Trump, who has refused to fully acknowledge Russia’s election interference, just three days before his planned meeting with Russian President Vladimir Putin in Finland.

The indictment, announced Friday by Deputy Attorney General Rod Rosenstein, will probably not lead to immediate prosecutions—it doesn’t accuse any Americans of crimes, as the White House was quick to point out, and it’s unlikely that Russia will allow extradition of its own officials—but the charges are still a big deal in the Trump-Russia investigation and they offer extensive new details on how the Russian hacking effort actually worked.

Click on the link to read the “key takeaways.”

Emptywheel: The Russian Hack.

Mueller’s team just announced (and announced the transfer, as I predicted) of the Russian hack indictment, naming 12 GRU officers for the hack of the Hillary campaign, the DNC, and the DCCC. This will be a working thread.

Rod Rosenstein, as he did with the Internet Research Agency, made clear there are no Americans named in this indictment (and that those who interacted with Guccifer 2.0 and DC Leaks did not know they were interacting with Russians). That said, here are some of the interesting nods in it.

Again, click on the link to read the “interesting nods.” and Emptywheel’s timeline.

Trump’s Immigration Mess

Foreign Policy: White House Official Who Advocated for Refugees Sacked and Escorted From Office.

Jennifer Arrangio (center)

A senior White House official, Jennifer Arangio, was fired Thursday and escorted from her office, ending a turbulent tenure that saw her clashing with President Donald Trump’s most hard-line advisors over human rights and refugee issues, according to several current and former U.S. officials.

The officials said Arangio, a senior director for international organizations and alliances at the National Security Council, had fallen out of favor with Trump aide Stephen Miller over the number of refugees who should be allowed to enter the United States.

She had also sparred with Miller over continuing U.S. participation in international negotiations on a global migration compact, insisting that the United States could better shape international policies on migration from inside the tent.

She lost the argument, but Miller remained embittered by the rift, the officials said. When Arangio sought his endorsement for a position in the State Department, he refused to take a meeting with her.

Adding to the tension, Arangio had defended the State Department’s embattled refugee bureau amid campaigns by other top Trump aides to dismantle or defund it — efforts that were ultimately rebuffed by Congress.

“This is a disaster for the bureau,” one State Department official said. “She is really a good ally.”

Have your handkerchiefs ready for this one at The New York Times: Cleaning Toilets, Following Rules: A Migrant Child’s Days in Detention.

Adan Galicia Lopez, 3, was separated from his mother for four months.

Do not misbehave. Do not sit on the floor. Do not share your food. Do not use nicknames. Also, it is best not to cry. Doing so might hurt your case.

Lights out by 9 p.m. and lights on at dawn, after which make your bed according to the step-by-step instructions posted on the wall. Wash and mop the bathroom, scrubbing the sinks and toilets. Then it is time to form a line for the walk to breakfast.

“You had to get in line for everything,” recalled Leticia, a girl from Guatemala.

Small, slight and with long black hair, Leticia was separated from her mother after they illegally crossed the border in late May. She was sent to a shelter in South Texas — one of more than 100 government-contracted detention facilities for migrant children around the country that are a rough blend of boarding school, day care center and medium security lockup. They are reserved for the likes of Leticia, 12, and her brother, Walter, 10.

The facility’s list of no-no’s also included this: Do not touch another child, even if that child is your hermanito or hermanita — your little brother or sister.

Leticia had hoped to give her little brother a reassuring hug. But “they told me I couldn’t touch him,” she recalled.

This is a must read, even though the stories of these children are heartbreaking. Trump and his minions must be held accountable for this outrage.

 


Tuesday Reads: Trump Nominates Brett Kavanaugh for SCOTUS

The Four Justices, Nelson Shanks, National Portrait Gallery, Smithsonian Institution

Good Morning!!

Last night thug “president” Trump did his ridiculous PT Barnum act with his nomination of Brett Kavanaugh to the Supreme Court to replace Anthony Kennedy. Supposedly, Trump was deciding among about four candidates, but it turns out the fix may have been in all along.

https://twitter.com/GeoffRBennett/status/1016642192616706050

Has any other president made a deal with a Supreme Court Justice to appoint a chosen replacement?

https://twitter.com/Susan_Hennessey/status/1016649427577196544

From Politico: How a private meeting with Kennedy helped Trump get to ‘yes’ on Kavanaugh.

After Justice Anthony Kennedy told President Donald Trump he would relinquish his seat on the Supreme Court, the president emerged from his private meeting with the retiring jurist focused on one candidate to name as his successor: Judge Brett Kavanaugh, Kennedy’s former law clerk….

So even as Trump dispatched his top lawyers to comb though Kavanaugh’s rulings and quizzed allies about whether he was too close to the Bush family, potentially a fatal flaw, the president was always leaning toward accepting Kennedy’s partiality for Kavanaugh while preserving the secret until his formal announcement, sources with knowledge of his thinking told POLITICO.

I’m sure we’ll be learning more about this, and I hope Democrats respond aggressively.

Basic background on Kavenaugh

NBC News: Who is Supreme Court nominee Brett Kavanaugh?

President Donald Trump’s Supreme Court pick is no stranger to partisan politics: Before becoming a judge, he was helping make the case for the impeachment of Bill Clinton and later for the election of George W. Bush.

U.S. Court of Appeals for the D.C. Circuit judge Brett Kavanaugh

Twenty years ago, Kavanaugh’s story starts amid the highly politicized independent counsel investigation into Clinton. He worked for Starr as a young Yale Law graduate, first when Kenneth Starr was solicitor general and later in the Office of the Independent Counsel, where Kavanaugh was a key player in the slew of investigations into the Clintons, including the Whitewater scandal, the suicide of White House counsel Vincent Foster and Clinton’s affair with Monica Lewinsky.

The Starr Report to Congress laid out the details of Clinton and Lewinsky’s affair and findings of potential wrongdoing by the president. Kavanaugh was the primary author of the section on the grounds for possible impeachment, Starr would reportedly later say,because “that needed to be very carefully crafted, so I was looking to one of the office’s most talented lawyers — of superb and balanced judgment — to take the lead in drafting.” [….]

He was a member of the GOP legal team fighting to stop the recount in Florida to clear the way for Bush’s election against Al Gore in 2000, later taking a job in the Bush White House in 2001, where he’d serve for five years as counsel and later staff secretary until his confirmation to the U.S. Court of Appeals for the D.C. Circuit in 2006.

The Washington Post: Brett Kavanaugh, Trump’s Supreme Court pick, has sided with broad views of presidential powers.

Brett M. Kavanaugh, the federal judge nominated by President Trump on Monday to the Supreme Court, has endorsed robust views of the powers of the president, consistently siding with arguments in favor of broad executive authority during his 12 years on the bench in Washington.

Justice Anthony Kennedy

He has called for restructuring the government’s consumer watchdog agency so the president could remove the director and has been a leading defender of the government’s position when it comes to using military commissions to prosecute terrorism suspects.

Kavanaugh is “an unrelenting, unapologetic defender of presidential power” who believes courts can and should actively seek to rein in “large swaths of the current administrative state,” said University of Texas law professor Stephen Vladeck, who closely follows the U.S. Court of Appeals for the District of Columbia Circuit.

Kavanaugh’s record suggests that if he is confirmed, he would be more to the right than the man he would replace, Justice Anthony M. Kennedy, for whom he clerked. Kavanaugh has staked out conservative positions in cases involving gun rights, abortion and the separation of powers.

Read more details at both of those links.

What Kavanaugh Would Likely Do on the Court

Slate: How Brett Kavanaugh Will Gut Roe v. Wade

Kavanaugh is an obvious choice for Trump. A judge on the U.S. Court of Appeals for the District of Columbia Circuit, he has maintained staunchly conservative credentials without earning a reputation for being a bomb-thrower. Unless Republican Sen. Susan Collins grows a spine, which she won’t, he has a clear path to Senate confirmation. During his hearings, Kavanaugh will claim he cannot reveal his true feelings about Roe v. Wade, the 1973 Supreme Court decision establishing a constitutional right to abortion access. But there is little doubt that Kavanaugh will gut Roe at the first opportunity. Indeed, he has already provided a road map that shows precisely how he’ll do it.

Justice Ruth Bader Ginsburg

Kavanaugh was forced to confront the abortion question in 2017 after the Trump administration barred an undocumented minor, known as Jane Doe, from terminating an unwanted pregnancy. The American Civil Liberties Union sued on Doe’s behalf, and the dispute came before a three-judge panel at the D.C. Circuit. Kavanaugh was joined on the panel by Judge Karen L. Henderson, an arch-conservative, and Judge Patricia Millett, a moderate liberal. Doe, who was being held in a federally funded Texas shelter, had already obtained the necessary judicial bypass to get an abortion. But the Trump administration refused to let her see an abortion provider, instead sending her to an anti-abortion “crisis pregnancy center.”

By that point, Doe would be about 18 weeks pregnant. Texas bans abortion after 20 weeks, and the procedure becomes more dangerous as the pregnancy advances. Moreover, the process of finding and verifying a sponsor for an undocumented minor frequently takes weeks or months. And Doe’s lawyers had already searched for a possible sponsor, to no avail. Kavanaugh’s ostensible compromise, then, was nothing of the sort. At best, it would force Doe to suffer through her unwanted pregnancy for at least two more weeks, increasing the odds of complications when she was finally able to obtain an abortion. At worst, it meant the government could run down the clock to the point that an abortion would become illegal.

Luckily for Doe, the full D.C. Circuit swiftly reversed Kavanaugh’s decision and allowed her to terminate her pregnancy, which she did. This move prompted Kavanaugh to write a bitter dissent explaining why the government’s bar on Doe’s abortion was not, in fact, an undue burden.

Read the rest at Slate.

The Daily Beast: Brett Kavanaugh, Trump’s Supreme Court Pick, Is Probably the End of Abortion Rights and Same-Sex Marriage.

When President Trump Monday nominated Judge Brett Kavanaugh to the Supreme Court, he probably doomed the right to abortion, same-sex marriage, and maybe even contraception….

Future justice Elena Kagan arging a campaign finance reform case before SCOTUS

…while Kavanaugh’s record on women’s and LGBT rights is sparse, it gives good reason to suspect that he could be the swing vote to strike down Roe v. Wade, the abortion-rights case. This, after all, is what Trump promised in 2016: that Roe would be “automatically” be overturned should he be elected. And Kavanaugh has been praised by numerous right-wing organizations.

In the case of Garza v. Hargan, the D.C. Circuit Court of Appeals held that an undocumented teenage immigrant was entitled to obtain an abortion without having to obtain familial consent (as is required in several states).

Kavanaugh vigorously dissented, asking, “Is it really absurd for the United States to think that the minor should be transferred to her immigration sponsor ― ordinarily a family member, relative, or friend ― before she makes that decision?”

Those are strong words, endorsing not only parental consent rules but enforcing them in extreme circumstances. If you are looking for signals that a Justice Kavanaugh would limit or overturn Roe, Garza is a giant red flare.

There’s also a possibility that Kavenaugh might not be right wing enough to satisfy some Republicans.

Kavanaugh may not be conservative enough to survive the confirmation process. There is even talk that conservatives might revolt against Kavanaugh, as they did in 2005 against George W. Bush’s nomination of Harriet Miers. The reason? Many conservatives wanted Kavanaugh to cast doubt on the teenager’s right to get an abortion at all, which another dissenting judge did.

Neal K. Katyal for respondents, Travel Ban case

Legally speaking, that objection is absurd. Not unlike “judicial minimalist” Chief Justice John Roberts, Kavanaugh was discussing the case at issue, not some hypothetical issue. And he was responding to the circuit court’s holding, not writing an essay.

But there’s more. Some conservatives have pointed to dicta in another Kavanaugh opinion, a dissent in Priests for Life v. HHS, a case similar to Hobby Lobby involving the Affordable Care Act’s contraception requirement. While dissenting in favor of the Catholic religious organization objecting to the requirement, Kavanaugh wrote that the “the Government has a compelling interest in facilitating women’s access to contraception” because of a variety of factors, such as “reducing the number of unintended pregnancies would further women’s health, advance women’s personal and professional opportunities, reduce the number of abortions, and help break a cycle of poverty.”

Kavanaugh is writing here about the state’s interest in access to contraception, not whether an individual has a constitutional right to access it. Those are totally different questions. But Kavanaugh’s opinion doesn’t question the constitutional right either, which rests on the same foundations (substantive due process, privacy, family) as the right to obtain an abortion.

This one is a must read–lots of details on Kavenaugh’s record. Head over to The Daily Beast to read the rest.

Read more about Kavenaugh and abortion here:

https://twitter.com/imillhiser/status/1016672606269952001

One more from The New York Times editorial board: There’s So Much You Don’t Know About Brett Kavanaugh. And you probably won’t until it’s too late.

First, the awful lot: Judge Kavanaugh would shift the balance of constitutional jurisprudence to the right, creating a solid right-wing majority on the court possibly until the second half of the 21st century. While the somewhat unpredictable Justice Anthony Kennedy once served as the fulcrum for the court, that role will now go to Chief Justice John Roberts Jr., a far more ideological conservative.

Judge Kavanaugh, who sits on the federal appeals court for the District of Columbia, has been a fixture in conservative politics and is widely respected by the Republican elite. Before becoming a judge, he clerked for Justice Kennedy and worked for Kenneth Starr, the independent counsel who investigated President Bill Clinton, and later in the George W. Bush White House. He successfully portrayed himself in his remarks at the White House as a nice guy who coaches girls in basketball, feeds the homeless and believes in the Constitution.

What Americans can’t know about Judge Kavanaugh: pretty much anything else. That’s thanks to the perversion of the Supreme Court confirmation process, which once provided the Senate and the public with useful information about a potential justice’s views on the Constitution, but which has, ever since the bitter battle over President Ronald Reagan’s failed nomination of Robert Bork in 1987, devolved into a second-rate Samuel Beckett play starring an earnest legal scholar who sits for days at a microphone and labors to sound thoughtful while saying almost nothing.

Read the rest at the NYT.

I know there’s plenty of other news, but this is the biggie for today. Post your thoughts and links on any topic in the comment thread, and try to have a good day despite the horrors all around us.

 


Thursday Reads: It’s Not Over.

Self-portrait, Michelle Ranta

Good Morning!!

Shortly after Trump signed his completely unnecessary “executive order” and took off for his Hitler-style rally in Duluth, Minnesota, it became clear that the administration’s supposed retreat from separating the children of refugees from from their parents was a scam. In fact the title of the order on the White House website is “Affording Congress an Opportunity to Address Family Separation.” The zero tolerance policy will continue and the government has no plans for reuniting families who have already been torn apart.

So Trump is still putting the burden on Congress to solve the problem he caused. Because of the Flores decision, children cannot be kept in detention centers for more than 20 days. The executive order says that Jeff Sessions will go to court to seek relief, but experts say that won’t happen. So families are still going to be separated. From Vox:

The solution to the crisis of family separation at the US-Mexico border, the Trump administration has decided, is to get rid of a 1997 federal court decision that strictly limits the government’s ability to keep children in immigration detention.

The administration has fingered Flores v. Reno, or the “Flores settlement,” as the reason it is “forced” to separate parents from their children to prosecute them. It claims that because it cannot keep parents and children in immigration detention together, it has no choice but to detain parents in immigration detention (after they’ve been criminally prosecuted for illegal entry) and send the children to the Department of Health and Human Services as “unaccompanied alien children.”

The Flores settlement requires the federal government to do two things: to place children with a close relative or family friend “without unnecessary delay,” rather than keeping them in custody; and to keep immigrant children who are in custody in the “least restrictive conditions” possible.

Francoise Gilot (French b.1921), The Red Vest. 1955

Republicans in Congress have proposed legislation that would overrule Flores and allow children to be kept with their parents in Immigration and Customs Enforcement (ICE) custody while they are put through criminal prosecution and deportation proceedings — which many migrant families fight by claiming asylum in the US, a process that can stretch out for months or years.

Trump can’t overrule the Flores settlement with the stroke of a pen. But getting rid of the court agreement has been in his administration’s sights for months. While Republicans frame Flores as the obstacle to keeping families together, many of the people outraged over family separation might not be too happy with a world without Flores, either.

Read the rest at Vox.

As of last night, none of the government agencies or outside organizations involved in what is going on down at the southern border had received any instructions to stop separating families. The government is still refusing to let public officials or media into the facilities where children are being held. We still know almost nothing about what has happened to the girls, toddlers, and infants who have been basically kidnapped by the Trump administration.

Fortunately, MSNBC at least is still keeping reporters down in Texas, and this morning NYC Mayor Bill de Blasio is down there. I saw on MSNBC early this morning that Rev. Al Sharpton is in Texas and was planning to meet with the director of a Catholic Charities shelter. But it’s going to be awhile before we understand the extent of the damage Trump and Sessions have done.

It’s very difficult at this point to figure out what is actually happening, so the best I can do is share what I’m finding in the media and hope you’ll do the same. It’s going to take some time for us to understand the depth of the humanitarian crisis we are in as a country, much less begin to deal with Trump’s mess.

Daniela Astone, born 1980 in Pisa, Italy

It’s now after noon, and I see on MSNBC that Melania Trump is planning to visit a center for migrant children this afternoon.

The good news is that all this scrutiny is also shining a light on the treatment of immigrant children who were already in federal custody and have been farmed out to private shelters. It’s not looking good.

Some links to check out

Think Progress: Immigrant children are being placed by feds into abusive homes, reports reveal.

The Texas Tribune: Separated migrant children are headed toward shelters that have a history of abuse and neglect.

The Cut: Immigrant Children Are Being Sent to Shelters With Histories of Abuse.

Time: Young Immigrants Held in a Virginia Detention Center Say They Were Abused By Guards.

Buzzfeed: “You’re Not Even Wanted In Mexico”: Teens Describe Life Inside A US Detention Center.

The Boston Globe: Separations end, but foster care, shelters remain overwhelmed.

Suggested Reads

The New Yorker has a report on the people who are trying to enter the US at approved locations to apply for asylum: “We Are at Capacity”: An Asylum Standoff on the Bridge Between Ciudad Juárez and El Paso.

Around 7 a.m. on Wednesday morning, a forty-year-old Mexican woman named Angelica walked to the foot of the Paso del Norte—one of the bridges that connects Ciudad Juárez to El Paso, Texas—with her granddaughter, a toddler no older than three. Later in the day the temperature would hit a hundred and three, but for now the air was cool. Coffee and candy vendors stood with their carts at the intersection that leads to the bridge, and the morning crowd was out, many of them young women, looking like they were walking to work.

Angelica and her granddaughter were there to meet Ruben Garcia, the director of Annunciation House, a Catholic hospitality house in El Paso, who intended to walk them over the bridge so that they could request asylum in the United States. As part of the Trump Administration’s new zero-tolerance policy, Attorney General Jeff Sessions has warned that asylum seekers must cross at legal points of entry, such as the Paso del Norte, in order to avoid criminal prosecution. But, in the weeks since Sessions announced the new policy, U.S. Customs and Border Protection has been stationing agents in the middle of Paso del Norte and other legal border crossings, where they turn away many asylum seekers, preventing them from even stepping onto the U.S. side. “They’re saying, ‘We’re too full,’ ” Garcia told me. Angelica had been in Juárez for a month, and had already attempted to cross the bridge once, unsuccessfully.

As we’ve already heard, this is a common experience now for asylum seekers. Read more at the link above.

By now you’ve probably seen the new Time Magazine cover. From the cover story: A Reckoning After Trump’s Border Separation Policy: What Kind of Country Are We?

Presidents have many jobs, and one is telling us who we are.

For the first 240 years of U.S. history, at least, our most revered chief executives reliably articulated a set of high-minded, humanist values that bound together a diverse nation by naming what we aspired to: democracy, humanity, equality. The Enlightenment ideals Thomas Jefferson etched onto the Declaration of Independence were given voice by Presidents from George Washington to Barack Obama.

Donald Trump doesn’t talk like that. In the 18 months since his Inauguration, Trump has mentioned “democracy” fewer than 100 times, “equality” only 12 times and “human rights” just 10 times. The tallies, drawn from factba.se, a searchable online agglomeration of 5 million of Trump’s words, contrast with his predecessors’: at the same point in his first term, Ronald Reagan had mentioned equality three times as often in recorded remarks, which included 48 references to human rights, according to the American Presidency Project at the University of California, Santa Barbara.

Trump embraces a different set of values. He speaks often of patriotism, albeit in the narrow sense of military duty, or as the kind of loyalty test he’s made to NFL players. He also esteems religious liberty and economic vitality. But American’s 45th President is “not doing what rhetoricians call that ‘transcendent move,’” says Mary E. Stuckey, a communications professor at Penn State University and author of Defining Americans: The Presidency and National Identity. Instead, with each passing month he is testing anew just how far from our founding humanism his “America first” policies can take us. And over the past two months on our southern border, we have seen the result.

Click on the link to read the rest.

PAUL GUSTAV FISCHER Leyendo en la terraza

NBC News: Tech companies quietly work with ICE as border crisis continues.

Several high-profile data and tech companies have made millions of dollars from contracts with the U.S. Immigration and Customs Enforcement agency over the past several months — even as some of them publicly disavow the Trump administration’s recent orders to separate immigrant children from their parents.

Hewlett Packard Enterprise, Thomson Reuters, Microsoft, Motorola Solutions and Palantir all have active contracts with the agency, known as ICE, according to a public records search conducted by NBC News.

The contracts highlight how technology companies, many of which have developed advanced data analysis and tracking capabilities, are putting their innovations to work with the U.S. government in ways that are often not visible to the public.

Read the details at NBC News.

More stories to check out

The Washington Post: Families will no longer be separated at the border. But where are my clients’ kids?

NBC News: Pentagon sending military lawyers to border to help prosecute immigration cases.

Charles Blow: The King and Queen of Cruelty.

Gallup: Record-High 75% of Americans Say Immigration Is Good Thing.

CNN: Trump’s immigration reversal creates its own chaos.

 

I know I haven’t even scratched the surface of what’s happening today, so please share your own links in the comment thread.